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STATE  OF  UTAH 


General  Election  Laws 


Compiled  by  H.  E.  Crockett,  Secretary  of  State 
SEPTEMBER  28th,  1921 


Amendments  to  Absent  Voters  Law 

Laws  of  Utah,  1923. 

Section  1.  Sections  Repealed.  That  Sections  1,  2,  4  and  6,  of  Chapter  42, 
Session  Laws  of  Utah,  1919,  be,  and  the  same  are  hereby  amended  to  read  as  follows: 

Sec.  1.  Absent  elector — when  may  vote.  Any  qualified  elector  of  this  state 
having  complied  with  the  laws  in  regard  to  registration,  who  is  absent  from  the 
county  of  which  he  is  an  elector,  or  who  is  not  within  twenty  miles  of  his  voting 
precinct  on  the  day  of  holding  any  general  election,  may  vote  at  any  such  election  as 
hereinafter  provided. 

Sec.  2.  Obtain  absent  voter  ballot.  At  an  time  within  thirty  days  next 
preceding  such  election,  any  voter  expecting  to  be  absent  from  his  voting  precinct 
as  hereinbefore  provided^  on  the  day  of  such  election  may  make  application  to  the 
county  clerk  of  such  county  for  an  official  absent  voter  ballot  to  be  used  as  here- 
inafter provided. 

Sec.  4.  Application  for  ballot.  Application  for  such  ballot  shall  be  made  upon 
a  blank  to  be  furnished  by  the  county  clerk  of  the  county  of  which  the  applicant  is 
an  elector,  and  shall  be  in  substantially  the  following  form: 

I, ,  a  duly  qualified  elector,  residing  at 

county.  State  of  Utah,  and  to  my  best  knowledge  and  belief  entitled  to  vote  at  the 
next  election,  expecting  to  be  absent  from  my  voting  precinct  on  the  day  for  holding 
such  election,  hereby  make  application  for  an  official  absent  voter  ballot  to  be  voted 
by  me  at  such  election. 

Date 

( Signed ) 


Sec.  6.  County  clerk  to  mail — affidavit  of  elector.  Upon  receipt  of  such  appli- 
cation properly  tilled  out  and  duly  signed,  or  as  soon  thereafter  as  the  official  absent 
voter  ballot  for  the  precinct  in  which  the  applicant  resides  has  been  printed,  the 
said  county  clerk  shall  send  to  such  absent  voter  by  mail,  postage  prepaid,  one  such 
official  absent  voter  ballot,  and  shall  enclose  with  such  ballot  an  envelope,  which 
envelope  shall  bear  upon  the  front  thereof  the  name,  official  title,  and  postoffice 
address  of  such  county  clerk,  and  upon  the  other  side  a  printed  affidavit  in  sub- 
stantially the  following  form: 

County  of. 

'  ss. 
state    of. 

I, ,  solemnly  swear  that  I  am  a  i;esident  elector  of  the 

voting  district  of  the precinct, 

in county,  State  of  Utah,  and  entitled  to  vote  in  such  precinct 

at  the  next  election;  that  I  expect  to  be  absent  from  said  voting  precinct  of  my  resi- 
dence on  the  day  of  holding  such  election  and  that  I  will  have  no  opportunity  to 
vote  in  person  on  that  day. 


(Name  of  voter) 
Approved  March  19,  1923. 


STATE  OF  UTAH 


General  Election  Laws 


Compiled  by  H.  E.  Crockett,  Secretary  of  State 
SEPTEMBER  28th,  1921 


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Table  of  Contents 


Page 

Constitutional  Provisions _ - - 5 

General   Provisions   ~ — 6 

Registrations   — „ _ « 8 

Primary  Elections * - 14 

Nominations  — 15 

Ballots  and  Voting  „ 19 

Election  Offices  « 21 

Polling  Places  „- -....- - - 22 

Conduct  of  Election  - '■ 22-23 

Counting  of  Votes  ~ — * ■'..- 23 

Making  Returns  - ~ .'. • — • 25 

Voting  of  Absent  Electors  « 28 

Canvass  of  Returns   _ - — 31 

Presidential   Electors   _ - - 33 

United  States  Senators — Election 33 

Congressmen — Election 34 

Election  Districts  34 

Powers  of  County  Commissioners 34 

County    Officers    34 

Municipal   Elections    „ _ 35 

Boards   of   Education — Election _ _ 39 

Election  Offenses  .....^ 41 

Prevention  and  Punishment  of  Corrupt  Practices  in  Elections 45 

Election  Contests 55 

Preparation  and  Distribution  of  Statements  Concerning  Constitutional  Amendments  57 

Initiative  and  Referendum ..._ 58 

Legislative  Apportionment  Districts  _ _ 65 

ivil51226 


CONSTITUTIONAL  PRO^HSIC^  ; 


Constitutional  Provisions 

ARTICLE  IV. 

ELECTIONS   AND   RIGHT   OF   SUFFRAGE. 

Section  1.  [Equal  political  rights.]  The  rights  of  citizens  of  the  State  of  Utah  to 
vote  and  hold  office  shall  not  be  denied  or  abridged  on  account  of  sex.  Both  male  and 
female  citizens  of  this  State  shall  enjoy  equally  all  civil,  political  and  religious  rights 
and  privileges. 

Sec.  2.  [Qualifications  to  vote.]  Every  citizen  of  the  United  States,  of  the  age  of 
twenty-one  years  and  upwards,  who  shall  have  been  a  citizen  for  ninety  days,  and  shall 
have  resided  in  the  State  or  Territory  one  year,  in  the  county  four  months,  and  in  the 
precinct  sixty  days  next  preceding  any  election,  shall  be  entitled  to  vote  at  such  election 
except  as  herein  otherwise  provided. 

Sec.  3.  [Electors:  immunity  from  arrest.]  In  all  cases  except  those  of  treason, 
felony  or  breach  of  the  peace,  electors  shall  be  privileged  from  arrest  on  the  days  of 
election,  during  their  attendance  at  elections,  and  going  to  and  returning  therefrom. 

Sec.  4.  [Id.  From  military  duty.]  No  elector  shall  be  obliged  to  perform  militia 
duty  on  the  day  of  election  except  in  time  of  war  or  public  danger. 

Sec.  5.  [Electors  to  be  citizens  of  U.  S.]  No  person  shall  be  deemed  a  qualified 
elector  of  this  state  unless  such  person  be  a  citizen  of  the  United  States. 

Sec.  6.  [Certain  criminals,  etc.,  ineligible  to  vote.]  No  idiot,  insane  person  or  per- 
son convicted  of  treason,  or  crime  against  the  elective  franchise,  unless  restored  to 
civil  rights,  shall  be  permitted  to  vote  at  any  election,  or  be  eligible  to  hold  office  in 
this  State. 

Sec.  7.  [Property  qualification  forbidden,  when.]  Except  in  elections  levying  a 
special  tax  or  creating  dndebtedness,  no  property  qualification  shall  be  required  for  any 
person  to  vote  or  hold  office. 

Sec.  8.  [Ballot  to  be  secret.]  All  elections  shall  be  by  secret  ballot.  Nothing  in 
this  section  shall  be  construed  to  prevent  the  use  of  any  machine  or  mechanical  con- 
trivance for  the  purpose  of  receiving  and  registering  the  votes  cast  at  any  election: 
Provided,  ^hat  secrecy  in  voting  be  preserved. 

Sec.  9.  [Elections,  when  held.  Terms  begin,  when.]  All  general  elections,  except 
for  municipal  and  school  officers,  shall  be  held  on  the  Tuesday  next  following  the  first 
Monday  in  November  of  the  year  in  which  the  election  is  held.  Special  elections  may  be 
held  as  provided  by  law.  The  terms  of  all  officers  elected  at  any  general  election,  shall 
commence  on  the  first  Monday  in  January  next  following  the  date  of  their  election. 
Municipal  and  School  officers  shall  be  elected  at  such  time  as  may  be  provided  by  law. 

Sec.  10.  [Oath  of  office.]  All  officers  made  elective  or  appointive  by  this  Consti- 
tution or  by  the  laws  made  in  pursuance  thereof,  before  entering  upon  the  duties  of  their 
respective  offices,  shall  take  and  subscribe  the  following  oath  or  affirmation:  "I  do 
solemnly  swear  (or  affirm)  that  I  will  support,  obey  and  defend  the  Constitution  of  the 
United  States  and  the  Constitution  of  this  State  and  that  I  will  discharge  the  duties  of 
my  office  with  fidelity. 


GENERAL  PROVISIONS 


General  Provisions 


2100.  General  election  held  biennially.  There  must  be  held  throughout  the  state 
on  the  first  Tuesday  after  the  first  Monday  in  November  in  the  year  1898,  and  biennially 
thereafter,  an  election  to  be  known  as  the  general  election. 

2101.  General  election  defined.  A  general  election  is  for  the  purpose  of  choosing 
in  the  proper  years  therefor  as  specified  by  the  constitution  and  the  laws,  one  or  more 
of  the  following  officers,  to  wit:  Representatives  in  congress,  electors  of  president 
and  vice  president  of  the  United  States,  state  and  district  officers,  senators  and  repre- 
sentatives in  the  legislature,  county  and  precinct  officers,  and,  when  necessary,  voting 
upon  the  proposed  amendments  to  the  constitution  as  provided  in  art.  23  of  the  con- 
stitution, and  for  such  other  purposes  as  may  be  provided  by  law. 

2102.  Special  election  defined.  Special  elections  are  such  as  are  held  at  other 
times,  for  any  purpose  required  by  law,  except  municipal  and  school  elections. 

2103.  Election  proclamation  by  governor.  At  least  sixty  days  before  a  general 
election,  and  not  less  than  ten  days  before  a  special  election  to  fill  a  vacancy  in  the 
office  of  representative  in  congress  or  a  member  of  the  legislature,  the  governor  must 
issue  an  election  proclamation,  under  his  hand  and  the  great  seal  of  the  state,  and 
transmit  copies  thereof  to  the  boards  of  county  commissioners  of  the  counties  in  which 
such  elections  are  to  be  held.  Such  proclamation  must  contain  a  statement  of  the 
time  of  election  and  the  offices  to  be  filled. 

2104.  Id.  Vacancy  for  legislator  or  congressman.  When  a  vacancy  or  a  failure 
to  elect  by  reason  of  a  tie  vote  or  for  any  reason  whatever,  occurs  in  the  office  of 
representative  in  congress  or  member  of  the  legislature,  the  governor  must  at  once 
issue  a  proclamation  calling  an  election  to  fill  such  vacancy;  provided,  that  if  there 
be  lio  session  of  the  legislature  or  of  congress,  as  the  case  may  be,  between  the  happen- 
ing of  such  vacancy  and  the  next  general  election  occurring  forty-five  or  more  days 
thereafter,  such  vacancy  shall  be  filled  at  the  general  election. 

2105.  Vacancy  in  executive  or  judicial  office.  Appointment.  Election.  If  a 
vacancy  occurs  in  the  office  of  judge  of  the  supreme  or  of  the  district  court,  secretary 
of  state,  state  auditor,  state  treasurer,  attorney-general,  or  superintendent  of  public 
instruction,  the  governor  shall  appoint  a  person  to  hold  the  office  until  the  election  and 
qualification  of  a  successor  to  fill  the  vacancy,  which  election  shall  take  place  at  the 
next  succeeding  general  election,  and  the  person  so  elected  shall  hold  the  office  for  the 
remainder  of  the  unexpired  term. 

2106.  Higliest  number  of  votes  elects.  The  person  receiving  at  any  election  the 
highest  number  of  votes  for  any  office  to  be  filled  at  such  election  is  elected  thereto. 

2107.  Tie  In  election  for  state  officers;  presidential  electors;  county  officers.  In 
case  any  two  or  more  persons  have  an  equal  and  the  highest  number  of  votes  for 
either  governor,  secretary  of  state,  attorney  general,  state  auditor,  state  treasurer,  or 
superintendent  of  public  instruction,  the  two  houses  of  the  legislature,  at  its  next 
regular  session,  shall  elect  forthwith,  by  joint  ballot,  one  of  such  persons  for  said  office. 
In  case  any  two  or  more  persons  have  an  equal  and  the  highest  number  of  votes  for 
presidential  electors,  justice  of  the  supreme  court,  or  judge  of  a  district  court,  the 
secretary  of  state  must  transmit  to  the  governor  a  certified  statement  showing  the 
vote  cast  for  such  persons,  and  thereupon  the  tie  shall  be  decided  by  lot  In  the  presence 
of  the  governor  and  secretary  of  state  at  a  time  fixed  by  the  governor.  In  case  any 
two  or  more  persons  have  an  equal  and  the  highest  number  of  votes  tor  a  member  of 
a  board  of  county  commissioners,  and  by  reason  of  such  tie  there  is  a  failure  to  elect, 
the  tie  shall  be  decided  by  lot,  in  the  presence  of  the  county  clerk,  at  a  day  designated 
by  him.  In  case  any  two  or  more  persons  have  an  equal  and  the  highest  number  of 
votes  for  any  precinct  or  county  office,  except  county  commissioner,  the  tie  shall  be 
decided  by  lot  in  the  presence  of  the  board  of  county  commissioners,  at  a  day  designated 
by  said  board. 

2108.  Correcting  error  in  published  nominations  or  on  official  ballot.  Costs.  When- 
ever it  shall  appear  by  affidavit  of  a  candidate  or  his  agent  that  an  error  or  omission  has 


GENERAL  PROVISIONS 


occurred  in  the  publication  of  the  names  or  description  of  the  candidates  nominated  for 
office  or  in  the  printing  of  sample  or  official  ballots,  the  district  court,  or  judge  thereof, 
either  in  term  time  or  in  vacation,  may,  upon  petition  of  such  candidate  or  his  agent,  by 
order  require  the  county  clerk,  city  recorder,  or  town  clerk,  charged  with  the  duty  in 
respect  to  which  an  error  or  omission  has  occurred,  to  forthwith  correct  such  error  or 
show  cause  why  such  error  should  not  be  corrected.  Costs,  including  a  reasonable 
attorney's  fee,  may  be  taxed,  in  the  discretion  of  such  judge  or  court,  against  either 
party;   provided,  that  no  fee  shall  be  required  for  filing  such  petition. 

2109.  Id.  Controversy  to  be  decided  by  court.  The  county  clerk,  city  recorder, 
or  town  clerk  shall  also,  on  his  own  motion,  correct  without  delay  any  error  m  all 
ballots  which  he  may  discover,  or  which  shall  be  brought  to  his  attention,  and  which 
can  be  corrected  without  interfering  with  the  timely  distribution  of  the  ballots  as 
herein  provided.  Whenever  any  controversy  shall  arise  between  any  official  charged 
with  any  duty  or  function  under  this  title  and  any  candidate,  or  the  officers  or  repre- 
sentatives of  any  political  party,  or  persons  who  have  made  nominations,  upon  the 
filing  of  a  petition  by  any  such  official  or  persons,  setting  forth  in  a  concise  form  the 
nature  of  such  controversy  and  the  relief  sought,  which  petition  shall  be  under  oath, 
it  shall  be  the  duty  of  such  court,  or  the  judge  thereof  in  vacation,  to  issue  an  order 
commanding  the  respondent  in  such  petition  to  be  and  appear  before  the  court  or 
judge  and  answer  under  oath  to  such  petition;  and  it  shall  be  the  duty  of  the  court 
or  judge  to  summarily  hear  and  dispose  of  any  such  issues,  with  a  view  of  obtaining  a 
substantial  compliance  with  the  provisions  of  this  title  by  the  parties  to  such  controversy, 
and  to  make  and  enter  orders  and  judgments  and  issue  the  writ  or  process  of  such 
court  to  enforce  all  such  orders  and  judgments. 

2110.  Computations  of  time  include  Sundays.  Sunday  shall  be  included  in  all 
computations  of  time  made  under  the  provisions  of  this  title. 

2111.  Opening  and  closing  polls.  Proclamation.  At  all  elections,  the  polls  shall 
be  opened  at  seven  o'clock  a.  m.,  and  continue  open  until  seven  o'clock  p.  m.  of  the 
same  day;  provided,  that  if  a  full  board  of  judges  of  election  shall  not  attend  at  the 
hour  fixed  for  opening  the  polls,  and  it  shall  be  necessary  for  the  electors  present  to 
appoint  judges  to  conduct  the  election  as  provided  by  law,  the  election  may,  in  that 
event,  commence  at  any  hour  before  the  time  for  closing  the  polls  shall  arrive,  as  the 
case  may  require.  Upon  the  opening  of  the  polls,  proclamation  shall  be  made  by  one 
of  the  judges,  and,  thirty  minutes  before  the  closing  of  the  polls,  proclamation  shall 
be  made  in  like  manner,  that  the  polls  will  close  in  thirty  minutes. 

2112.  Notice  of  time  and  place  of  election.  Each  registry  agent  shall,  at  least 
five  days  prior  to  any  election,  except  school  elections,  held  in  his  district,  post 
notices  in  at  least  five  conspicuous  places  within  the  same,  stating  the  date  and  place 
of  election  and  the  hours  during  which  the  polls  will  remain  open. 

2113.  Provisions  to  be  liberally  construed.  The  provisions  of  this  title  shall  be 
liberally  construed,  so  as  to  carry  out  the  intent  of  this  title,  and  of  political  parties, 
nominees,  and  others  in  proceedings  under  this  title. 

2114.  Secretary  of  state  to  publish  election  law.  It  is  the  duty  of  the  secretary 
'of  state  to  cause  to  be  published,  in  pamphlet  form,  a  sufficient  number  ot  copies  of 

this  title,  and  such  other  provisions  of  law  as  bear  upon  the  subject  of  elections,  and 
to  transmit  the  proper  number  to  each  county  clerk,  whose  duty  it  is  to  furnish  each 
election  officer  in  his  county  with  one  of  such  copies. 


ELECTIONS— REGISTRATION 


Registrations 


2115.  Registration  agents.  Appointment  and  politics  of.  It  shall  be  the  duty  of 
the  board  of  couiU^  commissioners  to  appoint  as  registration  agent  for  each  election 
district,  a  person  who,  at  the  time  of  the  appointment,  belongs  to  the  political  party 
which,  in  the  district  for  which  such  registration  agent  is  appointed,  cast  the  highest 
number  of  votes  for  representative  to  congress  at  the  election  next  preceding  the 
appointment  of  such  registration  agent,  and  in  cases  where  the  election  districts  have 
been  altered  since  such  election,  the  appointment  shall  be  made  as  follows: 

1.  Where  two  or  more  election  districts  have  been  created  out  of  a  single  election 
district,  each  registration  agent  shall  be  a  member  of  the  political  party  which  cast 
the  highest  number  of  votes  for  representative  to  congress  in  such  single  election 
district  at  the  preceding  election. 

2.  Where  an  election  district  is  created  by  combining  two  or  more  or  the  parts 
of  two  or  more  election  districts,  then  such  registration  agent  shall  be  a  member 
of  the  political  party  which  cast  the  highest  number  of  votes  for  representative  to 
congress  in  the  district  which  either  in  whole  or  in  part  forms  the  major  part  of 
such  newly  created  district.  The  true  intent  and  meaning  of  the  provisions  of  this 
chapter,  with  reference  to  the  appointment  of  registration  agents,  is  that  the  registra- 
tion agent  in  each  district  shall  belong  to  the  political  party  which,  at  the  preceding 
election,  cast  the  highest  number  of  votes  for  representative  to  congress  in  the 
territory  forming  the  election  district  at  the  time  of  the  appointment,  ana  the  regis- 
tration agent  appointed  shall  be  selected  by  the  board  of  county  commissioners  from 
a  list  of  not  less  than  three  names  to  be  furnished  and  certified  by  the  chairman  and 
secretary  of  the  political  party  from  which  the  appointment  is  to  be  ma«e.  ir  such 
chairman  and  secretary  fail  to  furnish  suCh  list  of  names  for  a  perioa  or  ten  days 
after  being  notified  so  to  do  by  the  county  clerk,  the  said  board  shall  proceed  to  make 
the  appointment  without  such  list. 

2116.  Id.  Vacancy,  how  filled.  It  is  the  duty  of  the  chairman  of  the  board  of 
county  commissioners  of  any  county  of  the  state,  when  he  has  received  notice  from 
any  citizen  of  the  death,  disqualification,  or  resignation  of  any  registry  agent,  after 
the  opening  and  prior  to  the  closing  of  the  books  of  registration,  to  immediately,  with- 
out giving  notice,  appoint  some  competent  person  as  provided  in  §  2115  to  fill  such 
vacancy,  and  it  is  the  duty  of  the  person  so  appointed  to  qualify  within  two  days  after 
receiving  notice  of  such  appointment. 

2117.  Id.  Failure  to  qualify.  Voters  may  register  elsewhere.  If  the  person  so 
appointed  fails  to  qualify  within  the  time  herein  provided,  voters  may,  upon  producing 
evidence  as  to  their  right  to  vote,  be  registered  in  any  other  district  in  said  county, 
and  any  person  so  registered  in  any  other  district  must,  upon  presentation  and  sur- 
render of  a  certificate  of  registration  to  the  judges  of  election,  signed  by  the  registry 
agent  of  said  district,  be  considered  a  legal  voter  in  the  district  in  which  he  is  a 
resident. 

2118.  Registering  in  another  district.  Oath.  Certificate.  If  any  person  applies 
to  be  registered  in  any  district  other  than  the  one  in  which  he  resides,  and  is  entitled, 
upon  proof,  to  a  certificate  of  registration,  as  provided  in  the  next  preceding  section, 
such  applicant,  in  addition  to  the  proof  required  by  this  chapter  to  entitle  him  to 
registration,  must  take  and  subscribe  to  an  oath  before  the  registry  agent,  in  sub- 
stantially the  following  form: 

,  Utah,  19 

I  do  solemnly  swear  that  I  make  this  application  for  registration  in  district  No. 

of  „..county,  state  of  Utah,  because  there  is  no  registry  agent  within 

district  No ,  which  is  the  district  where  I  reside  and  am  entitled  to  vote. 

( Signature. ) 

Subscribed  and  sworn  to  before  me  this day  of ,  19 


Registry  agent. 


ELECTIONS —REGISTRATION 


Whereupon  such   person  is   entitled   to  receive   from   the  registry   agent  of   such 
district,  a  certificate,  which  must  he  substantially  in  the  following  form: 

REGISTRATION   CERTIFICATE. 

1  hereby  certify  that ...Js  a  citizen  of  the  United  States,  and  will  have 

been  such  for  ninety  days  prior  to  the  election  on  the day  of , 

19 ;   that  he  will  have  attained  the  age  of  twenty-one  years  and  upwards,  and 

will  have  been  a  resident  of  the  state  of  Utah  one  year  and  of  the  county  of—- 

four  months,  and  of  the  precinct  of -. in  the  county  of. — for  sixty 

days,  at  the  time  of  the  election  on  the day  of. _ ,   19 -,   and 

that  „....he  is  in  all  respects  a  qualified,  registered  elector  under  the  laws  of  Utah; 
and  I  further  certify  that  the  reason  ......he  applies  for,  and  J\  give,  this  registration 

certificate,   is   because  within    district    No where   — he   resides,    there   Is   no 

registry  agent,  and  I  further  certify  that  he  is  under  the  law  entitled  to  vote  in 

district  No of county,  Utah. 

Witness  my  hand  in district  No of  _ county,  Utah. 


Registry  agent,  district  No county,  Utah. 

2119.  Stationery  for  registration  agents.  Official  register.  The  boards  of  county 
commissioners  of  the  several  counties  must  provide  for  the  registry  agents  in  their 
respective  counties,  when  and  where  required,  all  proper  and  necessary  books  and 
stationery  to  carry  out  the  provisions  of  this  chapter.  They  must  furnisn  to  each 
registry  agent  a  bound  book,  prepared  for  the  alphabetical  entry  of  names,  which  shall 
be  known  as  the  official  register,  and  it  must  be  ruled  in  columns  of  suitable  dimen- 
sions to  provide  for  the  following  entries  opposite  the  name  of  each  elector,  to  wit: 
Date  of  registration;  name  of  elector;  column  for  writing  "voted";  age  of  elector; 
where  born;  location  of  residence,  including  street  number,  and  number  of  room, 
where  party  resides  in  a  building  the  rooms  of  which  are  numbered;  certificate  of 
naturalization  exhibited,  or  a  certified  copy  thereof;   tlie  postoffice  address. 

2120.  Registration  only  at  office.  Registration  days.  It  shall  be  the  duty  of  the 
registry  agents,  when  called  upon  to  do  so  at  their  respective  offices,  and  not  else- 
where, at  any  time  between  the  hours  of  eight  o'clock  a.  m.  and  nine  oclock  p.  m., 
of  the  second  Monday  and  third  Tuesday  and  the  last  Saturday  of  August,  and  of 
the  fourth  Tuesday  and  of  the  fourth  Wednesday  and  of  the  third  Tuesday  and  of 
the  first  Tuesday,  and,  in  presidential  years,  of  the  first  Wednesday,  prior  to  any  general 
election,  to  receive  and  register  the  names  of  all  persons  applying  for  registration,  who 
on  election  day  will  be  legally  qualified  and  entitled  to  vote  in  that  election  district, 
according  to  the  provisions  of  law  under  which  such  election  may  be  held. 

2121.  Entries  on  official  register.  Request  to  give  residence.  Registry  agents  must 
enter  upon  the  official  register,  under  the  proper  heading,  the  date  of  registration,  the 
names  alphabetically  arranged  according  to  surnames,  with  the  first  or  given  name 
In  full,  the  age  and  activity  of  the  elector,  together  with  the  location  of  residence 
of  elector  as  directed  in  §  2119,  and  when  the  person  so  registered  Is  of  foreign 
birth,  the  fact  of  the  exhibition  of,  or  failure  to  exhibit,  his  certificate  of  naturaliza- 
tion, or  a  certified  copy  thereof,  must  be  noted  in  the  column  provided  for  that  pur- 
pose, which  list,  properly  entered,  as  in  this  section  required,  is  known  as  the  official 
register  of  electors  of  their  respective  districts.  If  any  person  fails  or  refuses 
to  give  his  residence,  with  the  particularity  required  in  this  chapter,  he  must  not 
be  registered;  provided,  that  should  any  person  applying  to  be  registered  refuse 
to  give  his  or  her  age,  when  requested  so  to  do  by  the  registry  agent,  it  shall  be 
sufficient  to  entitle  him  or  her  to  registration  if  they  take  and  subscribe  to  the  regis- 
tration oath  required  by  §  2123,  and  in  such  case  the  registry  agent  will  enter  in  the 
proper  column  the  fact  that  such  person  will  be  twenty-one  years  and  upwards  on  the 
day  of  election. 


10 ELECTIONS— REGISTRATION 

2122.  Notice  of  time  and  place  of  registration.  Each  registry  agent  must  post, 
in  not  less  than  five  conspicuous  places  within  his  district,  for  ten  days  before  the 
first  day  provided  for  registration,  a  notice  signed  by  him  to  the  effect  that  the 
time  and  place  for  registration  of  the  names  of  the  qualified  electors  in  election  dis- 
trict No prior  to  the  election   (specifying  the  election)    to  be  held 

on  the   . — —  day   of  ,   19 ,   for   the   county   of  Utah,   will   be 

between  the  hours  of  eight  o'clock  a.  m.  and  nine  o'clock  p.  m.  on  the  days 

of  ,  19 ,  at  the  office  of  said  agent  (specifying  the  place,  which  must  be 

within  the  election  district,  where  electors  may  apply  for  registration). 

2123.  Registration  oath.  Every  person  applying  to  be  registered  must,  before  he 
or  she  is  pntitled  to  have  his  or  her  name  registered,  take  and  subscribe  the  follow- 
ing oath  or  affirmation,  which  must  be  administered  by  the  registry  agent:  "1  do 
solemnly  swear  (or  affirm)  that  I  am  a  citizen  of  the  United  States  and  shall  have  been 

such  for  ninety  days  prior  to  the  election  on  the  day  of  ,  19 ;  that 

I  shall  have  attained  the  age  of  twenty-one  years  and  upwards,  and  shall  have  been 

a  resident  of  the  state  of  Utah  one  year,  and  of  the  county  of  four  months, 

and   the  precinct   of  in   the   county   of  for   sixty   days   at   the   time 

of  the  election  on  the day  of 19 ;  and  that  I  now  reside  in  election 

district  No ;   so*  help  me  God   (or  under  the  pains  and  penalties  for  perjury)." 

The  registry  books  and  lists  must  be  open  at  any  reasonable  time  for  inspection  by 
any  person. 

2124.  Examination  of  applicant  to  register.  Challenges.  When  any  person  ap- 
pears and  demands  to  be  registered- whom  the  registry  agent  does  not  know  to  be 
entitled  to  registry  under  the  qualifications  required  by  law,  for  the  election  then 
ensuing,  the  registry  agent  must  question  the  applicant  generally,  under  oath,  as  to 
his  q^ualifications  as  an  elector;  and,  if  satisfied,  must  enter  his  name  in  the  register, 
but  if  the  registry  agent  is  not  fully  satisfied,  or  if  the  applicant  be  challenged  by  a 
qualified  elector  of  the  county  stating  distinctly  the  grounds  of  challenge,  the  registry 
agent  must  require  the  applicant  to  answer  truly,  under  oath  or  affirmation,  the 
following  questions,  together  with  such  other  questions  as  said  registry  agent  may 
consider  necessary  or  proper  testing  his  qualifications  as  an  elector  for  the  ensuing 
election,  to  wit: 

1.  Are  you  a  citizen  of  the  United  States;  if  so,  are  you  native  born  or  natur- 
alized: and  if  naturalized,  when  and  where  were  you  naturalized? 

2.  Are  you  now,  or  will  you  be  twenty-one  years  of  age  prior  to  the  day  of  the 
next  ensuing  election? 

3.  On  the  day  of  the  next  ensuing  election  will  you  have  resided  in  Utah  one 
year,  in  this  county  four  months,  and  in  this  precinct  sixty  days  next  preceding  the 
day  of  said  election? 

If  any  of  the  foregoing  questions  are  answered  in  the  negative,  the  applicant  must 
not  be  registered.  If  the  applicant  answers  all  the  foregoing  questiojis  in  the  affirma- 
tive, and  if  the  answers  to  the  other  questions  propounded  do  not  show  him  to  be 
disqualified,  the  applicant  must  be  registered. 

2125.  Resident  defined.  A  resident  Within  the  meaning  of  this  title  must  be 
construed  to  mean  a  person  who  has  resided  or  will  have  resided  continuously  within 
this  state  for  one  year,  and  in  the  county  four  months,  and  in  the  precinct  sixty  days 
next  preceding  the  day  of  the  next  ensuing  election. 

2126.  Rules  governing  place  of  residence  for  purpose  of  registration.  For  the 
purpose  of  registration  or  voting,  the  place  of  residence  of  any  person  must  be  governed 
by  the  following  rules  as  far  as  they  are  applicable: 

1.  That  place  must  be  considered  and  held  to  be  the  residence  of  a  person,  in 
which  his  habitation  is  fixed,  and  to  which,  whenever  he  is  absent,  'he  has  the  inten- 
tion of  returning. 

2.  A  person  must  not  be  held  to  have  gained  or  lost  residence  by  reason  of  his 
presence  or  absence  while  employed  in  the  service  of  the  United  States  or  of  this 
state,  nor  while  a  student  at  any  institution  of  learning,  nor  while  kept  in  any  alms- 
house, or  other  asylum  at  the  public  expense,  nor  while  confined  in  any  public  prison, 
nor  while  residing  upon  any  Indian  or  military  reservation. 

3.  No  soldier,  seaman,  or  marine,  in  the  army  or  navy  of  the  United  States,  shall 
be  deemed  a  resident  of  this  state  in  consequence  of  being  stationed  at  any  military 
or  naval  place  within  the  same. 

4.  A  person  must  not  be  considered  to  have  lost  his  residence  who  leaves  his 


ELECTIONS— REGISTRATION 11 

hojiie  to  go  into  a  foreign  country  or  into  another  state,  or  precinct  in  this  state  for 
temporary  purposes  merely,  with  the  intention  of  returning;  provided,  he  has  not 
exercised  the  right  of  the  elective  franchise  in  said  state  or  precinct. 

5.  A  person  must  not  be  considered  to  have  gained  a  residence  in  any  county 
into  which  he  comes  for  temporary  purposes  merely,  without  the  intention  of  making 
Ruch  county  his  home. 

6.  If  a  person  removes  to  another  state,  with  the  intention  of  making  it  his 
residence,  he  loses  his  residence  in  this  state. 

7  If  a  person  removes  to  another  state  with  the  intention  of  remaining  there 
for  an  indefinite  time,  and  as  a  place  of  permanent  residence,  he  loses  his  residence 
in  this  state,  notwithstanding  he  entertains  an  intention  of  returning  at  some  future 
period. 

8.  The  place  where  a  man's  family  resides  is  presumed  to  be  his  place  of  resi- 
dence, but  any  man  who  takes  up  or  continues  his  abode  with  the  intention  of  t&- 
maining  at  a  place  other  than  where  his  family  resides,  must  be  regarded  as  a  resident 
where  he  so  abides. 

9.  A  change  of  residence  can  only  be  made  by  the  act  of  removal,  joined  with 
the  intent  to  remain  in  another  place.  There  can  only  be  one  residence.  A  residence 
cannot  be  lost  until  another  is  gained. 

10.  The  term  of  residence  must  be  computed  by  including  the  day  on  which  the 
person's  residence  commences  and  by  excluding  the  day  of  election. 

11.  Any  person  living  upon  any  Indian  or  military  reservation  shall  not  be 
deemed  a  resident  of  Utah,  within  the  meaning  of  this  chapter,  unless  such  person  had 
acquired  a  residence  in  some  county  in  Utah  prior  to  taking  up  his  residence  upon 
such  Indian  or  military  reservation. 

2127.  Naturalized  citizen  to  exhibit  papers.  Affidavit.  Examination.  When  a 
naturalized  citizen  applies  for  registration,  hi^  certificate  of  naturalization,  or  a  certified 
copy  thereof,  must  be  produced;  but  if  it  satisfactorily  appears  to  the  registry  agent 
by  the  oath  or  affirmation  of  the  applicant  (and  the  oath  or  affirmation  of  one  or 
more  credible  citizens  as  to  the  credibility  of  such  applicant),  that  such  certificate 
of  naturalization  or  a  certified  copy  thereof,  is  lost  or  destroyed,  or  beyond  the  reach 
of  the  applicant,  for  the  time  being,  said  registry  agent  must  register  the  name  of 
said' applicant,  unless  he  is  by  law  otherwise  disqualified;  but  in  case  of  failure  to 
produce  the  certificate  of  naturalization,  or  a  certified  copy  thereof,  the  registry  agent 
must  propound  to  him  the  following  questions: 

1.  In  what  year  did  you  come  to  the  United  States? 

2.  In  what  state  or  territory,  county,  court,  and  year  were  you  fully  admitted 
to  citizenship?  « 

3.  When  did  you  last  see  your  certificate  of  naturalization,  or  a  certified  copy 
thereof? 

The  answers  to  the  above  question?  must  be  taken  down  in  the  form  of  an 
affidavit,  which  must  be  subscribed  and  sworn  to  by  the  applicant,  and  retained  in 
possession  by  the  registry  agent  and  by  him  handed  over  to  his  successor.  No  person 
is  required  to  make  the  affidavit  twice  before  the  same  agent,  or  the  successor  of  such 
agent,  having  in  his  possession  the  former  affidavit. 

2128.  Posting  of  registration  lists  in  districts.  List  for  judges  of  election.  When 
the  registering  of  voters  on  the  third  Tuesday  prior  to  any  general  election  shall  have 
been  completed,  each  registry  agent  must,  with  all  reasonable  expedition,  within  three 
days,  prepare  and  cause  to  be  written  or  printed  a  full,  complete,  and  true  list  of  all 
the  names  on  the  official  register  for  his  district,  alphabetically  arranged  according 
to  surnames,  with  places  of  residence,  the  same  to  be  verified  by  his  oath  and 
posted  in  some  public  and  conspicuous  place  within  his  district,  there  to  remain 
until  the  close  of  registration  on  the  first  Tuesday  or  the  first  Wednesday,  as  the 
case  may  be,  prior  to  the  day  of  election.  When  the  registration  of  electors  mentioned 
in  this  chapter  shall  be  finally  closed,  each  registry  agent  must,  with  all  reasonable 
expedition,  prepare  and  cause  to  be  written  or  printed,  a  full,  complete,  and  corrected 
list  of  all  the  names  on  his  official  register,  alphabetically  arranged,  commencing  with 
the  surname  of  each  elector,  together  with  the  residence  of  each,  which  he  must  certify 
under  oath  and  cause  to  be  posted,  within  three  days  after  the  close  of  registration, 
in  a  public  and  conspicuous  place  within  200  feet  of  the  polling  place,  within  his 
district,  there  to  remain  until  the  closing  of  the  polls  on  election  day.  Each  registry 
agent  must  prepare  and  deliver  personally  to  one  of  the  judges  of  election  in  his 
district,  at  a  time  not  later  than  the  day  next  preceding  that  on  which  J^ay  general 
or  municipal  election  is  to  be  held,  a  full,  complete,  and  true  copy  of  his  official 
register,  verified  by  his  oath. 


12  ELECTIONS— REGISTRATION 

2129.  Registry  agent  to   hear  objections  to  'voter,  and   correct  errors.     Challenge. 

The  registry  agents  must  give  notice  in  said  posted  lists  that  they  will  receive 
objections  to  the  right  to  vote  of  any  persons  so  registered  between  the  hours  of  six 
o'clock  D.  m.  and  nine  o'clock  p.  m.  on  Saturday  next  preceding  the  day  of  election: 
and  also  requesting  all  persons  Avhose  names  may  be  erroneously  entered  in  said  list 
to  apply  to  the  proper  registry  agent  at  the  time  designated  and  have  such  error 
corrected.  Such  objection  to  the  right  to  vote  of  any  person  registered  must  be  made 
only  by  a  qualified  elector,  in  writing,  duly  verified,  setting  forth  the  ground  of 
objection  or  disqualification.  The  registry  agent  before  whom  any  such  affidavits  are 
made  must  carefully  preserve  the  same  and  "deliver  them  with  a  copy  of  the  official 
register  and  other  papers  required  by  this  chapter  to  be  delivered,  to  the  election 
judges  as  herein  provided,  and  he  must  write  distinctly  opposite  the  name  of  apy 
person  to  whose  qualifications  as  an  elector  objections  may  be  thus  made,  and  opposite 
the  name  of  any  person  whom  the  registry  agent  believes  to  be  dead  or  to  have 
removed  from  that  election  district,  the  words,  "to  be  challenged,"  or  words  to  that 
effect.  It  is  the  duty  of  the  judges  of  election,  if  on  election  days  such  persons  who 
has  been  objected  to  applies  to  vote,  to  test  under  oath  his  qualifications,  and  if  he  is 
found  to  be  disqualified  for  any  cause  under  the  law,  or  if  he  refuses  to  take  an 
oath,  as  to  his  qualifications,  he  must  not  be  permitted  to  vote. 

2130.  Register  to  be  transmitted  to  county  clerk.  The  copy  of  the  official  register 
for  each  district,  delivered  to  the  election  judges,  together  with  the  affidavits  mentioned 
in  the  next  .preceding  section  of  this  chapter,  must  be  preserved  and  transmitted 
by  the  judges  of  election  to  the  county  clerk  as  a  part  of  the  election  returns,  as  pro- 
vided by  law. 

2131.  Failure  to  furnish  list.  Procedure.  If  any  registration  agent  fails  or  refuses 
to  furnish  to  the  election  judges  a  copy  of  the  official  register  of  his  district,  as  pro- 
vided for  in  this  chapter,  the  said  election  judges  are  authorized  to  take  and  use  the 
copy  of  the  printed  or  written  list  of  registered  voters  posted  in  such  district,  as 
provided  for  in  this  chapter,  and  their  returns  must  show  the  reason  for  using  such 
list  instead  of  the  copy  of  the  official  register  that  should  have  been  delivered  to 
them. 

2132.  Transfers  to  another  district.  Any  registered  elector,  moving  from  one 
district  to  another  within  the  same  precinct  (or  city),  prior  to  the  day  of  the  ensuing 
election,  may  apply  to  the  registry  agent  before  whom  he  has  already  been  registered 
for  that  year,  at  any  time  prior  to  the  day  of  election,  and  have  his  name  taken  off 
the  official  register,  and  receive  from  the  registry  agent  a  certificate,  to  be  called  a 
registry  certificate,  over  the  signature  of  the  registry  agent,  showing  substantially  that 

he  was,  on  a  certain  day,  duly  registered  in  the  official  register  of  district  No 

in  precinct   of   the   county  of   Utah,   and   that   his   name   has   been 

erased  at  his  own  request,  which  certificate  will  entitle  him  to  have  his  name  registered 
at  any  time  before  the  day  of  election,  in  the  same  manner  as  other  names  are 
registered,  in  any  other  district  within  the  same  precinct  or  city,  for  said  election; 
provided,  it  satisfactorily  appears  to  the  registry  agent  receiving  the  certificate,  and 
to  whom  application  is  made  for  the  second  registration,  that  the  applicant  is  entitled 
to  vote  in  that  district  at  the  next  ensuing  election. 

2133.  Oath  of  registry  agent.  Before  entering  upon  the  duties  prescribed  in  this 
chapter,  the  registry  agents  must  severally  take  and  subscribe,  before  an  officer  duly 
authorized  to.  administer  oaths,  the  constitutional  oath  of  office,  which  must  be  filed 
in  the  office  of  the  county  clerk  of  their  respective  counties.  Registry  agents  may 
take  the  registration  oath  before  any  person  authorized  to  administer  an  oath. 

2134.  Compensation  of  registry  agent  paid  by  county.  The  several  registry  agents 
are  entitled  to  receive,  as  full  compensation  for  all  services  rendered  by  them  under 
the  provisions  of  this  chapter,  such  sums  as  may  be  allowed  by  the  board  of  county 
commissioners,  and  such  compensation  may  be  a  per  diem  not  to  exceed  $3.  Their 
compensation  is  a  coimty  charge,  and  their  accounts  must  be  made  out  so  as  to 
clearly  show  the  number  of  days  spent  in  the  performance  of  their  official  duties, 
which  shall  be  sworn  to  and  filed  with  the  county  auditor  of  their  respective  counties, 
and  said  claim  must  be  audited  and  paid  out  of  the  general  fund  of  the  several  counties 
as  other  county  charges. 

2135.  County  clerk's  record.  Notice  of  appointment.  The  county  clerk  must 
make  full  and  minute  entries  of  all  proceedings  had  under  this  chapter,  and  notify  in 
writing  the  registry  agents  of  their  appointment. 

2136.  County  clerk  to  prepare  register  of  voters.  Prior  to  the  time  for  register- 
ing voters  at  each   general  or  m.unicipal   election,   the   county   clerk   of  each   county 


ELECTIONS— REGISTRATION  13 

of  the  state  shall  prepare  an  official  register  of  the  voters  of  each  election  district 
of  his  county,  by  making  a  list  in  alphabetical  order  of  all  persons  who  voted 
at  the  last  general  or  municipal  election,  as  shown  by  the  checked  copies  of  the  official 
register  used,  or  poll  lists  made,  at  such  election;  which  official  register  shall  be 
delivered  to  the  registry  agent  of  the  district,  at  least  thirty  days  prior  to  the  first 
day  of  registration,  and  shall  be  revised  by  adding  the  names  of  all  persons  reg- 
istered on  the  proper  days  prior  to  the  election;  provided,  that  for  municipal  elec- 
tions such  alphabetical  list  shall  be  made  only  for  such  districts  affected  by  such 
elections;  provided,  further,  that  the  costs  for  making  such,list  for  municipal  elections 
shall  be  paid  for  by  the  city  or  town.  For  all  special  and  school  elections  there  shall 
be  no  special  registration  of  voters,  but  the  "official  register"  last  made  or  revised 
shall  constitute  the  "official  register"  for  such  special  or  school  election. 

2137.  Duty  of  registry  agents.  It  shall  be  the  duty  of  the  registry  agents  appointed 
as  herein  provided  for  the  election  districts  within  the  several  incorporated,  crities 
and  towns,  at  any  time  when  called  upon  to  do  so  at  their  respective  offices,  and  not 
elsewhere,  between  the  hours  of  eight  o'clock  a.  m.  and  nine  o'clock  p.  m.  of  the 
first  and  third  Tuesdays,  and  also  in  cities  of  the  first  and  second  class,  the  fourth 
Tuesday,  prior  to  the  municipal  or  town  election,  to  receive  and  register  the  names 
of  all  persons  applying  for  registration  who  are  legally  qualified  and  entitled  to 
vote  at  such  election,  or  who  will  legally  have  acquired  a  residence  (being  otherwise 
qualified)  and  who  have  a  right  to  vote  at  such  ensuing  election  according  to  the 
provisions  of  law  under  which  such  election  may  be  held  in  each  election  district. 
The  expense  of  such  registration  shall  be  paid  by  the  city  or  town  from  which  the 
same  is  made. 

2138.  Id.  Official  registry.  Before  the  day  on  which  any  special  election  is 
appointed  to  be  held,  and  in  cities  of  the  first  and  the  second  class,  before  the  day 
on  which  any  primary  election  is  appointed  to  be  held,  the  registry  agent  must 
furnish  one  of  the  judges  in  his  election  district,  at  a  time  not  later  than  one  day 
next  preceding  the  day  on  which  the  election  is  to  be  held,  a  copy  of  the  official 
register  for  his  district,  but  no  copies  need  be  posted. 

2139.  Registry  agents.  Quaiifications.  Terms.  Removal.  There  shall  be  but  one 
registry  agent  for  each  election  district.  All  registry  agents  shall  be  competent 
persons  and  shall  be  appointed  by  the  board  of  county  commissioners.  They  shall  be 
resident  qualified  voters  in  the  several  election  districts  for  which  they  shall  be 
appointed.  They  shall  be,  and  an?  hereby  empowered  and  authorized  to  administer 
oaths  and  affirmations  and  to  do  such  other  acts  as  may  be  necessary  to  fully  carry 
out  the  provisions  of  this  chapter;  provi.led,  that  no  person  or  candidate  for,  or  who 
holds  a  state,  county,  or  other  office,  shall  be  eligible  to  or  hold  the  office  of  registry 
agent.  All  registry  agents  shall  be  appointed  biennially,  at  the  regular  meeting  of 
the  board  of  county  commissioners  held  nearest  to  the  1st  day  of  June  preceding 
each  general  election,  and  shall  hold  their  office  for  the  period  of  two  years,  except 
as  herein  otherwise  provided,  but  they  shall  be  subject  to  removal  at  any  time  by 
the  board  of  county  commissioners.  On  the  appointment  of  his  successor,  the  registry 
agent  shall  deliver  to  such  successor  the  official  register  for  his  district  and  all  other 
books  and  documents  in  his  possession  pertaining  to  such  office.  In  case  any  registry 
agent  resigns  or  becomes  a  non-resident  of  his  district,  he  shall  at  once  notify  the 
county  clerk,  and  deliver  to  him  all  books  and  documents  in  possession  of  such  registry 
agent  pertaining  to  his  office. 

2140.  Change  of  district  boundaries.  New  registry  lists.  Whenever  the  boundaries 
of  any  election  district  have  been  changed,  or  a  new  district  created,  it  shall  be  the 
duty  of  the  registry  agents  of  the  districts  affected  to  meet  prior  to  the  first  day 
of  the  next  ensuing  registration  and  transfer  from  one  official  register  to  the  other, 
as  the  case  may  require,  the  names  of  all  voters  residing  within  the  territory  affected 
by  such  change.  Any  registered  voter  whose  name  has  been  erronously  trans- 
ferred from  one  official  register  to  another,  or  erroneously  allowed  to  remain  on  any 
official  register,  may  be  permitted  to  vote  in  the  district  in  which  be  resides  upon 
taking  the  registration  oath  before  one  of  the  election  judges  and  presenting  to 
such  judges  sufficient  proof  that,  through  the  error  of  the  registration  agent,  his 
name  does  not  appear  on  the  official  register. 

2141.  Person  must  register  to  vote.  No  person  shall  hereafter  be  permitted  to 
vote  at  any  general,  special,  municipal,  or  school  election,  or  at  any  primary  election 
for  the  nomination  of  officers  to  be  voted  for  at  municipal  elections  in  cities  of  the 
first  and  the  second  class,  without  having  first  been  registered  within  the  time  and 
in  the  manner  and  form  required  by  the  provisions  of  this  chapter. 


14  ELECTIONS— PRIMARY  ELECTION 


Primary  Elections 


2150.  Presiding  officers  and  judges  of  elections  at  primary  elections.  Opening  and 
closing  of  polls.  Political  parties,  organizations,  or  associations  in  this  state  may 
appoint  presiding  officers  and  judges  of  election  at  any  primary  election  that  they 
may  deem  just  and  proper.  In  all  cities  of  the  first  and  the  second  class  the  polls 
at  _s_uch  primary  election  shall  be  open  at  four  o'clock  in  the  afternoon  and  close 
at  nine  o'clock  in  the  afternoon  of  the  same  day  on  which  such  election  is  held; 
provided,  however,  that  the  foregoing  provisions  shall  not  apply  to  primary  elections 
for  the  nomination  of  officers  provided  by  law  to  be  elected  in  cities  of  the  first  and 
the  second  class.  In  cities  of  the  first  and  the  second  class  primary  elections  for  the 
nomination  of  officers  shall  be  conducted  as  provided  in  §  2325. 

2151.  Who  entitled  to  vote.  No  person  shall  be  entitled  to  vote  at  any  primary 
election  unless  of  the  age  of  twenty-one  years,  and  a  duly  qualified  voter  under  the 
laws  of  this  state,  or  shall  have  been  a  duly  qualified  voter  at  the  next  ensuing  state, 
city,  or  school  election  for  which  such  primary  is  being  held  under  the  prescribed 
rules  and  regulations  of  the  political  party,  or  organization,  or  association  so  hold- 
ing the  primary  election;  provided,  that  in  the  selections  of  candidates  to  be  voted 
for  at  elections  for  municipal  offices,  in  cities  of  th«  first  audi  the  second  class, 
all  persons  entitled  to  vote  at  the  ensuing  city  election  shall  be  entitled  to  participate 
in  such  primary. 

2152.  Challenge.  Oath.  Judges  to  keep  record.  The  vote  or  ballot  of  any  person 
offered  at  any  primary  election  shall,  upon  challenge  by  any  lawful  voter,  be  rejected, 
unless  he  be  sworn  as  to  his  qualifications  as  such  voter,  and  the  presiding  officer 
or  any  judge  of  election  at  such  primary  is  hereby  empowered,  and  it  shall  be  his 
duty,  to  administer  an  oath  to  such  person,  and  to  any  other  person  offering  to 
vote,  as  he  may  deem  advisable,  which  oath  shall  be  substantially  as;  follows:  "You 
do  solemnly   swear   that  you   will   true   answers   make   to   such   questions   as    shall   be 

■  put  to  you  by  any  judge  of  this  primary  election,  touching  your  qualifications  to  vote 
at  the  same."  It  shall  be  the  duty  of  the  judges  at  such  primary  election  to  keep  a 
record   of  the  interrogatories   propounded  to  any  person  who   shall   have   been   sworn 

>as  herein  provided,  and  also  a  record  of  his  answers,  which  shall  be  deposited  with 
the  county  clerk  of  the  county  in  which  such  primary  election  is  held.  Any  person 
who  shall  intentionally  make  false  answers  to  a,ny  questions  put  to  him  by  the 
officers  at  such  primary  election  shall  be  deemed  guilty  of  perjury. 

2153.  Fraudulent  voting.  If  any  person,  teller,  or  officer  at  any  primary  election 
shall  intentionally  receive  the  vote  of  any  individual  who  shall  have  been  challenged, 
or  who  is  known  to  him  not  to  be  entitled  by  the  rules  and  regulations  of  the  asso- 
ciation, organization,  or  political  party  holding  the  primary  election  to  vote  at  such 
primary  election,  unless  the  same  shall  have  first  been  sworn  in,  as  aforesaid,  or 
shall  in  any  manner  fraudulently  and  unlawfully  deposit  or  put  any  ballots  into,  or 
take  any  ballots  from,  the  ballot  box  at  such  primary  election,  or  shall  fraudulently 
and  unlawfully  mix  any  ballots  cast  at  any  primary  election,  or  shall  intentionally 
make  any  false  account,  statement,  or  return  of  the  ballots  cast  or  the  vote  taken  at 
such  primary  election  shall  be  deemed  guilty  of  a  misdemeanor. 

2154.  Only  legal  voters  can  vote  at  primaries.  Any  person  who  is  not  a  legal 
voter  at  any  election  following  any  primary  in  this  state, 'who  shall  vote  or  attempt 
to  vote  at  such  primary,  or  any  person  who  shall  vote  or  attempt  to  vote  at  more 
than  one  primary  held  in  the  same  or  different  precincts,  wards,  or  cities,,  or  who 
shall  attempt  to  vote  or  shall  vote  at  any  primary  in  any  precinct,  ward,  or  city, 
where  such  person  does  not  reside  and  is  not  entitled  to  vote,  shall  be  deemed  guilty 
of  a  misdemeanor. 

2155.  Receiving  unla\Arful  vote,  etc.  Any  person,  teller,  or  officer  at  any  primary 
who  shall  intentionally  receive  the  vote  of  any  individual  who  is  known  to  him  not 
to  be  entitled  to  vote,  or  any  person  who  shall  in  any  manner  fraudulently  and  unlaw- 
fully deposit,  or  put  any  ballots  into,  or  take  any  ballots  from,  the  ballot  box  or 
other  receptacle  for  the  deposition  of  ballots  at  such  primary  election,  or  shall  fraudul- 
ently and  unlawfully  mix  any  ballots  cast  at  any  primary  election,  or  shall  intention- 
ally make  any  false  account,  statement,  or  return  of  the  ballots  cast  or  the  vote  taken 
at  such  primary,  shall  be  deemed  guilty  of  a  misdemeanor. 


ELECTIONS— NOMINATIONS  15 


Nominations 


2180.  By  conventions.  Any  convention  of  delegates  of  a  political  party  which 
presented  candidates  at  the  last  preceding  election  held  for  the  purpose  of  making 
nominations  for  public  office,  and  also  voters  to  the  number  and  in  the  manner  speci- 
fied in  §  2183,  may  nominate  candidates  for  public  offices  to  be  filled  by  election 
within  this  state.  A  convention,  within  the  meaning  of  this  chapter,  is  an  organized 
assemblage  of  voters  or  delegates  representing  a  political  party  which  at  the  election 
before  the  holding  of  such  convention  polled  at  least  two  per  cent  of  the  entire 
vote  cast  in  the  state,  county,  or  other  political  division  or  district  for  which  the 
nomination  may  be  made.  A  committee  appointed  by  any  such  convention  may  also 
make  nominations  to  public  office  or  fill  any  vacancies  in  the  nominations  made  by 
the  convention  when  authorized  to  do  so  by  resolution  duly  passed  by  the  convention 
at  which  such  committee  was  appointed;  provided,  that  nothing  in  this  section  or 
chapter  contained  shall  be  construed  so  as  to  authorize  any  number  of  voters,  con- 
vention, or  committee  of  any  political  party  to  nominate  more  than  one  group  of 
candidates  or  have  placed  on  the  official  ballot  more  than  one  group  of  candidates  or 
more  than  one  ticket,  by  adopting  any  name,  emblem,  or  device,  other  than  the 
regular  name,  emblem,  and  device  of  the  political  party  represented  by  the  voters, 
committee,  or  convention,  making  such  nomination;  provided,  further,  that  any  voters, 
convention,  or  committee  of  any  political  party  may  nominate  any  one  or  more 
person  or  persons  who  may  have  been  nominated  by  any  other  voters,  conven- 
tion, or  committee,  but  in  making  such  nomination,  the  name  of  such  nominee  shall 
be  placed  upon  the  regular  ticket  of  the  pplitical  party  represented  by  the  voters,  con- 
vention, or  committee  making  such  nomination,  and  no  political  party  shall  be  per- 
mitted to  have  placed  upon  the  official  ballot,  either  directly  or  indirectly,  more  than 
one  ticket  or  more  than  one  group  of  candidates,  or  to  group  the  same  persons  on 
different  tickets  by  the  same  party  under  a  different  name  or  emblem.  In  cities  of 
the  first  and  the  second  class  all  candidates  for  municipal  offices  shall  be  nominated  as 
provided  by  §  2325. 

2181.  Certificate  of  nomination.  Form.  All  nominations  made  by  such  conven- 
tion or  committee  shall  be  certified  as  follows:  The  certificate  of  nomination,  which 
shall  be  in  writing,  shall  contain  the  name  of  the  office  for  which  each  person  is 
nominated,  the  name,  postoffice  address,  if  any,  the  residence  of  each  such  person, 
and  if  in  a  city,  the  street,  number  of  residence,  and  place  of  business,  if  any,  and 
shall  designate  in  not  more  than  five  words  the  party  which  such  convention  or 
committee  represents.  It  shall  be  signed  by  the  presiding  officer  and  secretary  of 
such  convention  or  committee,  who  shall  add  to  their  signatures  their  respective 
places  of  residence  and  postoffice  addresses,  and  make  oath,  before  an  officer  qualified 
to  administer  tjie  same,  that  the  affiants  were  such  officers  of  such  convention  or 
committee,  and  that  said  certificates  and  the  statements  therein  contained  are  true, 
to  the  best  of  their  knowledge  and  belief.  "When  the  nomination  is  made  by  a 
committee,  the  certificate  of  nomination  shall  also  contain  a  copy  of  the  resolution 
passed  at  the  convention  which  authorized  the  committee  to  make  such  nomination. 
In  the  case  of  electors  for  president  and  vice-president  of  the  United  States,  the 
names  of  candidates  for  president  and  vice-president  may  be  added  to  the  political 
or  party  appellation. 

2182.  Id.  Wliere  filed.  Certificates  of  nomination  of  candidates  for  offices  to  be 
filled  by  the  voters  of  the  'entire  state,  or  of  any  division  or  district  greater  than  a 
county,  shall  be  filed  with  the  secretary  of  state.  Certificates  of  nomination  of  candi- 
dates for  offices  to  be  filled  by  the  voters  of  any  city  or  town  shall  be  filed  with  the 
recorder  of  such  city,  or  the  clerk  of  such  town.  All  other  certificates  of  nominations 
shall  be  filed  with  the  clerks  of  the  respective  counties  wherein  the  officers  are  to  be 
elected. 

2183.  Nominations  by  certificates.  Candidates  for  public  office,  except  candidates 
for  municipal  offices  in  cities  of  the,  first  and  the  second  class,  may  be  nominated 
otherwise  than  by  convention  or  committee  in  the  manner  following:  A  certificate 
of  nomination  containing  the  names  of  candidates  for  the  offices  to  be  filled,  with 
such  information  as  is  required  to  be  given  in  the  certificates  as  hereinbefore  pro- 
vided for  in  other  cases,  except  that  such  certificates  shall  designate  in  not  more  than 
five  words,  instead  of  a  party,  the  political  or  other  name  which  the  signers  shall 
select,  shall  be  signed  by  voters  residing  within  the  district  or  political  division  and 


16  ELECTIONS— NOMINATIONS 

for  which  the  officer  or  officers  are  to  be  elected,  to  the  number  of  at  least  five 
hundred,  when  the  nomination  is  for  an  office  to  be  filled  by  the  voters  of  the  entire 
state;  .of  at  least  one  hundred,  when  the  nominations  for  an  office  to  be  filled  by 
the  voters  of  the  district  less  than  the  state  and  greater  than  a  county,  or  by  the 
voters  of  a  county;  and  of  at  least  fifty,  when  the  nomination  is  for  an  office  to  be 
filled  by  all  the  voters  of  a  precinct,  town,  city,  or  other  divisions,  less  than  a  county. 
The  signatures  to  a  certificate  of  nomination  need  not  all  be  appended  to  one  paper. 
The  certificate  may  designate  or  appoint  upon  the  face  thereof  one  or  more  persons, 
who,  for  the  purposes  set  forth  in  §§  2191-2192,  shall  represent  the  signers  of  said 
certificate.  Each  voter  signing  a  certificate  shall  add  to  his  signature,  his  place  of 
residence,  and  shall,  before  an  officer  duly  authorized  to  take  acknowledgments, 
acknowledged  his  signature  and  take  oath  that  he  is  a  voter  within  and  for  the  political 
division  for  which  such  nomination  is  made,  and  has  truly  stated  his  residence.  Such 
•  certificate  shall  also  contain  a  statement  by  the  voter  that  the  name  or  names  of  the 
person  or  persons  nominated  in  the  certificate  will  not  be  printed  upon  the  official 
ballot,  or  upon  any  party  ticket  as  the  nominees  of  any  political  party  or  voters  and 
that  the  name  or  names  of  the  persons  nominated  in  the  certificate  will  not  be 
printed  upon  the  official  ballot  under  the  name  or  device  adopted  in  the  certificate. 
It  is  hereby  made  the  duty  of  the  officers  making  up  the  official  ballot  to  erase  from 
the  certificate  any  name  or  names  of  nominees  contained  in  such  certificate  that 
will  otherwise  appear  printed  upon  the  official  ballot  as  the  party  ticket.  Such 
certificate,  when  executed  and  acknowledged  as  above  prescribed,  may  be  filed  as 
provided  for  in  §  2182,  in  the  same  manner  and  with  the  same  effect  as  a  certificate 
of  nomination  made  by  a  convention  or  committee  as  provided  in  §  2180;  provided, 
however,  that  in  cities  of  the  first  and  the  second  class  all  candidates  for  municipal 
offices  shall  be  nominated  as  provided  in  §  2325. 

2184.  Names  of  candidates  in  certificate  not  to  exceed  offices  in  number.  No  cer- 
tificate of  nomination  shall  contain  the  names  of  more  candidates  for  any  office  than 
there  are  offices  tq  fill;  but  if  any  such  certificate  does  contain  the  names  of  more 
candidates  than  there  are  offices  to  fill,  only  those  names  which  come  first  in  order 
on  such  certificates  and  are  equal  in  number  with  the  number  of  offices  to  be  filled, 
shall  be  taken  as  nominated,  and  all  the  rest  of  such  names  shall  be  treated  as  sur- 
plusage.   No  person  shall  sign  more  than  one  certificate  of  nomination  for  any  office. 

2185.  Certificate  to  be  preserved  two  years.  The  secretary  of  state  shall  cause 
to  be  preserved  in  his  office  for  the  period  of  two  years  all  certificates  of  nomination 
filed  therein  under  the  provisions  of  this  chapter;  and  each  county  clerk,  city 
recorder,  or  town  clerk  shall  cause  to  be  preserved  in  his  office  for  a  like  period  all 
certificates  of  nomination  filed  therein.  All  such  certificates  shall  be  open  to  public 
inspection,  under  proper  regulations  to  be  made  by  the  officers  with  Whom  the  same 
are  filed. 

2186.  Time  of  filing  certificates  of  nomination.  When  nominations  are  made  by 
a  convention  or  committee,  the  certificates  of  nomination  to  be  filed  with  the  secretary 
of  state  shall  be  filed  not  more  than  sixty  nor  less  than  thirty  days  before  the  day 
of  election,  and  the  certificates  of  nomination  herein  directed  to  be  filed  with  the 
county  clerk  shall  be  filed  not  more  than  sixty  nor  less  than  fifteen  days  before 
election;  and  the  certificates  of  nomination  herein  directed  to  be  filed  with  the  city 
recorder  or  town  clerk  shall  be  filed  not  more  than  thirty  nor  less  than  fifteen  days 
before  election.  Certificates  of  nomination,  otherwise  than  by  convention  or  commit- 
tee, shall,  when  required  to  be  filed  with  the  secretary  of  state,  be  filed  not  more 
than  forty  nor  less  than  thirty  days  before  election;  and  when  required  to  be  filed 
with  the  county  clerk,  shall  be  filed  not  more  than  thirty  nor  less  than  fifteen  days 
before  election;  and  when  required  to  be  filed  with  the  city  recorder  or  town  clerk, 
shall  be  filed  not  more  than  thirty  nor  less  than  fifteen  days  before  election. 

2187.  Secretary  of  state  to  certify  nominations  to  county  clertc.  The  secretary  of 
state  shall,  immediately  upon  the  expiration  of  the  time  within  which  certificates  of 
nomination  may  be  filed  with  him  and  corrections  thereof  made,  certify  to  the  county 
clerk  of  each  county,  within  which  any  of  the  voters  may  by  law  vote  for  the  candidates 
named  in  the  certificate,  the  name  and  description  of  each  such  candidate,  together 
with  the  other  details  mentioned  in  such  certificate  of  nomination  so  filed  with  the 
secretary  of  state. 

2188.  List  of  nominations  to  be  published  or  posted.  Before  an  election  to  fill  any 
public  office,  the  county  clerk  of  each  county,  or  recorder  of  each  city,  or  town  clerk 


ELECTIONS— NOMINATIONS 17 

of  each  town,  shall  publish  in  at  least  one  and  not  more  than  two  newspapers  pub- 
lished within  the  county,  city,  or  town,  as  the  case  may  be,  or  post  notices  in  at 
least  three  conspicuous  places  in  each  precinct  where  such  election  is  to  be  held,  a 
list  of  all  the  nominations  to  offices  certified  to  him  under  the  provisions  of  this 
chapter;  provided,  however,  that  in  cities  of  the  first  and  the  second  class  publication 
of  nomination  of  candidates  shall  be  made  as  provided  in  §  2325.  Such  publication 
shall  be  made  three  times,  except  as  otherwise  provided  in  this  section,  the  first 
publication  to  be  not  less  than  six  days  nor  more  than  ten  days  prior  to  The  day 
of  election,  and  shall  contain  the  name  and  the  party  or  other  designation  of  each 
candidate,  and  shall  be,  as  far  as  possible,  in  the  form  of  the  official  ballots.  In  the 
case  of  municipal  elections,  such  publication  of  the  names  of  candidates  for  muni- 
cipal offices  shall  be  made  in  newspapers  which  are  published  in  the  municipality  where 
the  election  is  to  be  held.  One  of  such  publications  shall  be  made  in  the  newspapers 
which  advocate  the  principles  of  the  political  party  that  at  the  last  preceding  state 
election  cast  the  largest  number  of  votes,  and  another  of  such  publications,  if  more 
than  one  is  to  be  made,  shall  be  in  the  newspaper  which  advocates  the  principles  of 
the  political  party  which  at  the  last  preceding  state  election  cast  the  next  largest 
number  of  votes.  The  clerk  or  recorder,  in  selecting  the  respective  papers  for  such 
publication,  shall  select  those  which,  according  to  the  best  information  he  can 
obtain,  have  the  largest  circulation  within  the  county.  If  there  be  no  daily  news- 
paper published  within  the  county,  city,  or  town,  as  the  case  may  be,  one  publication 
in  each  newspaper  shall  be  sufficient.  Should  the  clerk  or  recorder  find  it  imprac- 
ticable to  make  the  publication  six  days  before  the  election  day,  in  counties  where 
no  daily  newspaper  is  printed,  he  shall  make  the  same  at  the  earliest  possible  day 
thereafter.  One  of  the  publications  in  any  newspaper  shall  be  in  the  last  issue 
thereof  before  the  day  of  election.  In  counties,  cities,  or  towns  where  it  is  im- 
practicable to  make  publication  in  newspapers  advocating  opposite  political  prin- 
ciples, publication  shall  be  made  in  the  newspaers  having  the  largest  circulation.  In 
counties,  cities,  or  towns  where  there  are  no  newspapers  published,  the  clerk  or 
recorder  shall  post  double  the  number  of  printed  lists,  and  such  additional  lists  shall 
be  posted  in  other  conspicuous  places  in  different  portions  of  the  county,  city,  or 
town  as  the  case  may  be. 

2189.  Copies  of  nomination  lists  to  registry  agents.  Posting.  The  county  clerk 
of  each  county,  and  the  city  recorder  of  each  city,  and  the  town  clerk  of  each 
town  shall,  at  least  six  days  before  election  day,  send  to  the  registry  agent  in  each 
election  district  in  such  county,  city,  or  town,  at  least  five  or  not  more  than  ten 
copies,  for  each  election  district,  of  printed  lists  containing  the  name  and  party  or 
other  designation  of  each  candidate  nominated,  as  hereinbefore  provided,  to  be  voted 
for  by  the  voters  of  the  respective  counties,  cities,  or  towns.  Such  lists  shall,  at  least 
three  days  before  the  day  of  election,  be  conspicuously  posted  by  such  registry  agents 
in  one  or  more  public  places  in  each  election  district  of  the  county,  city,  or  town, 
one  or  more  of  which  shall  be  duly  posted  where  such  election  is  to  be  held;  provided, 
that  in  elections  for  municipal  offices  in  cities  of  the  first  and  the  second  class  the 
printed  lists  containing  the  names  of  candidates  shall  be  arranged  as  provided  in 
§  2325. 

2190.  Objections  to  nominations  to  be  in  writing.  Curing  defects.  All  certificates 
of  nominations  which  are  in  apparent  conformity  with  the  provisions  of  this  chapter 
shall  be  deemed  to  be  valid  unless  objection  thereto  shall  be  duly  made  in  writing 
jvithin  three  days  after  the  filing  of  the  same.  In  case  such  objection  is  made,  notice 
thereof  shall  forthwith  be  mailed  to  all  the  candidates  who  may  be  affected  thereby, 
addressed  to  them  at  their  respective  postoffice  addresses,  if  any,  or  places  of  resi- 
dence as  given  in  the  certification  of  nomination.  The  officer  with  whom  the  original 
certificate  was  filed  sha.ll  pass  upon  the  validity  of  such  objection,  and  his  decision 
shall  be  final;  provided,  that  such  officer  shall  decide  such  objection  within  at  least 
forty-eight  hours  after  the  same  is  filed,  and  any  objection  sustained  may  be  remedied 
or  defect  cured  upon  the  original  certificate,  or  by  an  amendment  thereo,  or  by  filing 
a  new  certificate  within  three  days  after  such  objection  is  sustained. 

2191.  Notice  of  declination.  Whenever  any  person  nominated  for  public  office, 
as  in  this  chapter  provided,  shall,  not  less  than  twelve  days  before  the  day  of  election, 
if  he  shall  have  been  nominated  as  provided  in  §  2180,  or  not  less  than  ten  days  before 
the  day  of  election,  if  he  shall  have  been  nominated  as  provided  in  §  2183,  notify  the 
officer  with  whoni  the  original  certificate  of  his  nomination  was  filed,  in  writing  signed 
by  him  and  duly  acknewledged,  that  he  declines  such  nomination,  the  same  shall  be 
void,  and  his  name  shall  not  be  printed  upon  the  party  ticket  of  the  party  certifying 
his  nomination.     The  officer  to  whom  such  notification  is  given  shall  forthwith  inform. 


18  ELECTIONS— NOMINATIONS 

by  mail  or  otherwise,  one  or  more  persons  whose  names  are  attached  to  the  original 
certificate  of  nomination  that  such  nomination  has  been  declined. 

2192.  Vacancies.  Should  any  person  so  nominated  resign  or  decline  the  nomina- 
tion, as  in  this  chapter  provided,  or  die  before  election  day,  or  should  any  certificate 
of  nomination  be  insufficient  or  inoperative,  because  of  failure  to  remedy  or  cure 
the  same,  the  vacancy  or  vacancies  thus  occasioned  may  be  filled  in  the  same  manner 
required  in  the  original  nomination.  If  the  original  nomination  was  made  for  a  party 
convention  which  had  delegated  to  a  committee  the  power  to  fill  vacancies,  such 
committee  may,  upon  the  occurring  of  such  vacancies,  proceed  to  fill  the  same.  The 
chairman  and  the  secretary  of  such  committee  shall  thereupon  make  and  file  with  the 
proper  officer  a  certificate,  setting  forth  the  cause  of  the  vacancy,  the  name  of  the 
person  nominated,  the  office  for  which  he  was  nominated,  the  name  of  the  person 
for  whom  the  new  nominee  is  to  be  substituted,  the  fact  that  the  committee  was 
authorized  to  fill  vacancies,  and  such  further  information  as  is  required  to  be  given 
in  an  original  certificate  of  nomination.  The  certificate  so  made  shall  be  executed 
and  sworn  to  in  the  manner  prescribed  for  the  original  certificate  of  nomination, 
and  shall,  upon  being  filed  at  least  eight  days  before  the  election,  have  the  same  force 
and  effect  as  an  original  certificate  of  nomination.  When  such  certificate  shall  be 
filed  with  the  secretary  of  state,  he  shall,  in  certifying  the  nominations  to  the  various 
county  clerks,  insert  the  name  of  the  person  who  has  been  nominated  to  fill  the 
vacancy  in  place  of  the  original  nominee,  and  in  the  event  that  he  has  already  sent 
forward  his  certificate,  he  shall  forthwith  certify  to  the  county  clerks  of  the  proper 
counties  the  name  and  description  of  the  person  so  nominated  to  fill  the  vacancy,  the 
office  he  is  nominated  for,  together  with  the  other  details  mentioned  in  the  certificate 
of  nominations  so  filed  with  the  secretary  of  state,  and  the  name  of  the  person  for 
whom  such  nominee  is  substituted.  The  chairman  and  the  secretary  of  such  committee 
may  in  like  manner  make  and  file  with  the  proper  officer  a  certificate,  setting  forth  the 
occurrence  of  a  vacancy  by  death,  resignation,  or  otherwise,  and  the  further  fact  that  it  is 
not  the  intention  of  such  committee  to  fill  such  vacancy.  When  such  certificate  shall  be 
filed  with  the  secretary  of  state,  he  shall  certify  such  vacancy  to  the  several  county  clerks 
forthwith.  The  secretary  of  state  shall  not  be  required  to  make  any  certificate  of 
new  nominations  or  vacancies  after  eight  days  before  election  day,  exclusive  of  election 
day;  provided,  further,  that  in  cities  of  the  first  and  the  second  class,  should  any 
candidate  for  auditor,  mayor,  or  commissioner  resign,  or  decline  the  nomination,  or 
die  before  election  day,  or  for  any  other  reason  should  such  nominatin  become  vacant, 
void,  or  inoperative,  then  and  in  that  event  the  candidate  receiving  the  next  highest 
number  of  votes  at  the  primary  election  held  for  the  nomination  of  such  candidate 
as  in  this  act  provided,  shall  be  the  candidate  to  fill  such  vacancy. 

2193.  Proposed  constitutional  amendments.  Duty  of  secretary  of  state  and  county 
clerk.  Whenever  a  proposed  constitutional  amendment  or  other  question,  except  the 
Incurring  of  a  bonded  indebtedness,  is  to  be  submitted  to  the  people  for  popular  vote 
at  any  general  election,  the  secretary  of  state  shall  duly,  and  not  less  than  fifteen  days 
before  election,  certify  the  same  to  the  county  clerk  of  each  county  of  the  state,  desig- 
nating each  amendment  or  question  by  number  and  also  by  a  title  which  shall  cover 
the  subject  matter  of  the  amendment  or  question  submitted,  and  the  county  clerk  of 
each  county  shall  cause  to  be  printed  both  number  and  title  of  the  propositions  or 
questions  to  be  submitted,  upon  the  ballot  to  be  used  on  election  day,  in  the  publication 
provided  for  by  §  2188.  and  in  the  notice  provided  for  by  §  2199. 


ELECTIONS— BALLOTS  AND  VOTING  19 


Ballots  and  Voting 


2205.  Official  ballots,  how  provided.  Except  as  otherwise  provided  by  law,  it 
shall  be  the  duty  of  the  county  clerk  of  each  county  to  provide  printed  ballots  for 
every  election  of  public  officers  in  which  the  voters,  or  any  of  the  voters,  within  the 
county  participate;  and  to  cause  to  be  printed  on  the  ballot  the  name  of  every  candi- 
date whose  nomination  has  been  certified  to  or  filed  with  the  county  clerk  in  the 
manner  provided  for  in  the  precgding  chapter.  It  shall  be  the  duty  of  the  recorder 
of  any  city,  or  clerk  of  any  town,  except  as  otherwise  provided  by  law,  to  provide 
printed  ballots  for  every  election  of  public  officers  in  which  the  voters,  or  any  of 
tfie  voters,  of  such  city  or  town  participate;  and  to  cause  to  be  printed  on  the  ballot 
the  name  of  every  candidate  whose  nomination  has  been  certified  to,  or  filed  with, 
such  city  recorder  or  town  clerk,  In  the  manner  provided  by  law.  The  official  ballots 
shall  be  printed  and  in  the  possession  of  the  county  clerk,  city  recorder,  or  town 
clerk,  at  least  four  days  before  election,  and  subject  also  to  inspection  by  the  candi- 
dates and  their  agents. 

2206.  Sample  ballots.  Sample  ballots  printed  upon  paper  of  a  different  color  from 
the  official  ballots,  but  in  the  form  of  those  to  be  used  on  election  day,  each  contain- 
ing the  names  of  the  candidates  which  are  to  be  printed  upon  the  appropriate  official 
ballot,  shall  be  printed  and  in  the  possession  of  the  county  clerk  or  other  officers 
charged  with  the  duty  of  preparing  such  ballots  seven  days  before  the  day  of  election, 
subject  to  public  inspection.  Sample  ballots  shall  be  delivered  to  the  election  officers 
and  posted  with  the  cards  of  instruction  provided  for  in  the  next  succeeding  section. 

2207.  Instructions  for  voters  to  be  printed  and  distributed.  The  county  clerk 
of  each  county,  or  the  city  recorder  or  town  clerk,  as  the  case  may  be,  charged  with 
the  duty  of  providing  ballots,  shall  cause  to  be  printed  on  cards,  and  in  the  English 
language,  instructions  for  the  guidance  of  voters  in  preparing  their  ballots.  Twelve 
such  cards  so  printed  shall  be  furnished  by  such  clerk  or  recorder  to  the  judges  of 
election  in  each  election  district,  at  the  same  time  and  in  the  same  manner  as  the 
printed  ballots.  The  election  judges  shall  post  not  less  than  one  of  such  cards  in 
each  place  or  compartment  provided  for  the  preparation  of  ballots,  and  not  less  than 
three  of  such  cards  elsewhere  in  and  about  the  polling  place  on  the  day  of  election. 
Such  cards  shall  be  printed  in  large,  clear  type,  and  shall  contain  instructions  to 
the  voters  on  the  following  matters,  to  wit: 

1.  How  to  obtain  ballots  for  voting: 

2.  How  to  prepare  the  ballots  for  deposit  in  the  ballot  box; 

3.  How  to  obtain  a  new  ballot  in  the  place  of  one  spoiled  by  accident  or  mis- 
take. 

4.  How  to  obtain  assistance  in  marking  ballots; 

5.  Not  to  vote  a  spoiled  or  defaced  ballot; 

6.  That  identification  marks  or  otherwise  spoiling  or  defacing  a  ballot  will  render 
it  invalid; 

7.  Whenever  the  approval  of  a  constitutional  amendment  is  submitted  to  the 
vote  of  the  people,  the  county  clerk  of  each  county,  or  the  city  recorder  or  town 
'clerk,  as  the  case  may  be,  charged  with  the  duty  of  providing  ballots,-  shall  cause  to 
be  printed  on  cards  in  large,  clear  type,  the  original  provision  of  the  constitution,  to- 
gether with  the  proposed  amendment  thereto  in  different  type,  enclosed  in  brackets 
in  such  manner  that  the  nature  of  such  amendment  shall  be  clearly  indicated.  If  there 
be  more  than  one  amendment  submitted,  they  shall  be  placed  upon  said  cards  in 
columns  in  the  same  order  as  they  will  appear  upon  the  official  ballot,  and  there  shall 
be  placed  at  the  foot  of  each  of  said  proposed  amendments  the  question  as  the  same 
appears  upon  the  official  ballot.  Twelve  of  such  cards  shall  be  furnished  by  such  clerk 
or  recorder  to  the  judges  of  election  in  each  election  district  at  the  same  time  and 
in  the  same  manner  as  the  printed  ballots.  The  election  judges  shall  post  not  less 
than  one  of  such  cards  in  each  place  or  compartment  provided  for  the  preparation  of 
ballots,  and  not  less  than  three  of  such  cards  in  and  about  the  polling  place  on  the 
day  of  election. 

2208.  Form  of  ballot.  One  ballot  box  at  each  polling  place.  All  nominations  of 
any  political  party  or  group  of  petitioners  shall  be  placed  under  the  party  name 
or  title  of  such  party  or  group  as  designated  by  them  in  their  certificates  of  nomina- 
tion  or  petition,   or,   if  none   be  designated,   then   under   some   suitable   title,   and   the 


20  ELECTIONS— BALLOTS  AND  VOTING 


ballots  shall  contain  no  other  names,  except  that,  in  case  of  electors  for  president  and 
vice-president  of  the  United  States,  the  names  of  the  candidates  for  president  and 
vice-president  may  be  added  to  the  party  or  political  designation.  It  shall  be  lawful  to 
designate  the  political  party  or  group  of  petitibners,  as  the  case  may  be,  by  an  appro- 
priate emblem  or  design,  such  as  a  flag,  eagle,  rooster;  or  other  device,  as  may  be 
set  forth  in  the  certificate  of  nomination;  provided,  that  no  two  sets  of  nominations 
shall  use  or  have  the  same  device,  and  that  each  political  party  or  group  of  petitioners 
shall  have  the  prior  right  to  use  the  device  used  by  it  at  the  last  similar  election. 
Each  list  of  candidates  for  the  several  parties  and  groups  of  petitioners  shall  be  called 
a  ticket  and  be  placed  in  a  separate  column  on  the  ballot  in  such  order  as  the  author- 
ities charged  with  the  printing  of  the  ballots  shall  decide.  The  columns  containing 
the  lists  of  candidates,  including  the  party  name  and  device,  shall  be  separated  by 
heavy  parallel  lines.  The  ballots  shall  be  on  plain  white  paper,  through  which  the 
printing  or  writing  cannot  be  seen,  and  in  any  one  county  must  be  uniform  in  size. 
The  party  name  or  title  shall  be  printed  in  capital  letters  not  less  than  one-fourth  of  an 
inch  in  height,  and  a  circle  one-half  inch  in  diameter  shall  be  printed  immediately 
below  the  party  name  or  title,  the  top  of  which  circle  shall  be  placed  not  less  than  two 
inches  below  the  perforated  line.  The  offices  -to  be  filled  shall  be  plainly  printed 
immediately  above  the  names  of  the  candidates  for  the  same.  The  names  of  candi- 
dats  shall  be  printed  in  capital  letters  not  less  than  one-eighth  nor  more  than  one- 
fourth  of  an  inch  in  height,  and  at  the  right  of  the  name  of  each  candidate  a  square 
shall  be  printed,  the  sides  of  which  shall  be  not  less  than  one-fourth  of  an  inch  in 
length.  At  the .  right  of  the  ballot  there  must  be  left  a  blank  ticket  long  enough  to 
contain  as  many  written  names  of  candidates  as  there  are  persons  to  be  elected, 
in  which  ticket  shall  be  printed  the  names  of  the  offices  to  be  filled  as  in  the  other 
tickets.  Whenever  the  approval  of  a  constitutional  amendment  or  other  question  is 
submitted  to  the  vote  of  the  people,  such  question  shall  be  printed  on  the  ballot  after 
the  list  of  candidates.  The  extreme  top  part  of  each  ballot  above  the  portion  which 
contains  the  party  names  and  emblems  shall  be  divided  by  a  perforated  line,  the  top 
portion  being  known  as  the  stub,  which  shall  be  not  less  than  one  inch  in  width, 
upon  which  stub  shall  be  printed  the  number  of  the  same.  Ballot  stubs  shall  be  num- 
bered consecutively.  On  the  back  of  each  ballot  shall  be  printed  in  capital  letters  in 
two   line   pica  gothic   or   type   not   smaller   in   size,   the   indorsement:      "Official   ballot 

for  ; ,"  and   after  the  word   "for"   shall   follow   the   designation   of  the   election 

district  or  political  division  for  which  the  ballot  is  prepared,  and  the  date  of  the 
election,  and  a  fac-simile  of  the  signature  of  the  clerk  or  recorder'  who  has  caused 
the  ballot  to  be  printed.  The  ballot  shall  contain  no  caption  or  other  indorsement 
except  as  in  this  section  provided.  Each  county  or  town  clerk,  or  city  recorder,  shall 
use  precisely  the  same  quality  and  tint  of  paper,  and  kind  of  type,  and  quality  .and 
tint  of  plain,  black  ink  for  all  ballots  furnished  by  him  at  one  election.  Whenever 
candidates  are  to  be  voted  for  only  by  the  voters  of  a  particular  district,  county,  city, 
town,  or  other  political  division,  the  names  of  such  candidates  shall  not  be  printed 
on  any  other  ballot  than  those  provided  for  use  in  such  district,  county,  city,  town,  or 
political  division  respectively.  The  ballot  shall  be  of  such  form  and  the  indorsements 
thereon  so  printed  that  they  may  be  folded  in  such  a  way  that  when  so  folded 
the  whole  indorsement  shall  be  visible  and  the  contents  of  the  ballot  shall  not  be 
exposed.  There  shall  be  but  one  ballot  box  at  each  polling  place  for  receiving  ballots 
cast  for  candidates  for  office. 

2209.  Nuimber  of  ballots  to  be  provided:  The  county  clerk  of  each  county,  and 
the  city  recorder  of  each  city,  and  the  town  clerk  of  each  town,  when  charged  by  this 
chapter  with  the  duty  of  printing  and  preparing  ballots,  shall  provide  for  each  election 
district  in  a  county,  city,  or  town,  one  hundred  ballots  for  every  fifty  or  fraction  of  fifty 
voters  registered  at  the  last  preceding  election  in  the  election  district.  If  there  is  no 
registry  list  in  the  district,  such  ballots  shall  be  provided  to  the  number  of  one  hun- 
dred of  each  kind  for  every  fifty  or  fraction  of  fifty  voters  who  voted  at  the  last  pre- 
ceding election  in  such  district.  When  a  district  shall  be  divided  or  the  boundaries 
changed,  the  county  clerk,  or  city  recorder,  or  town  clerk,  as  the  case  may  be,  must 
ascertain  as  nearly  as  possible  the  number  of  voters  in  the  new  district  or  districts 
and  provide  therefor  a  sufficient  number  of  ballots  in  the  above  proportion. 

2210.  Ballots  printed  at  public  expense.  Except  as  otherwise  provided  by  law, 
all  ballots  cast  in  elections  for  public  officers,  or  for  the  decision  of  any  question  sub- 
mitted to  electors  within  the  state,  shall  be  printed  and  distributed  at  public  expense. 
The  printing  of  ballots  and  cards  of  instruction  for  the  voters  of  each  county,  and  the 
delivery  of  the  same  to  the  election  officers,  as  hereinafter  provided,  shall  be  a  county 
charge,  the  payment  of  which  shall  be  provided  for  in  the  same  manner  as  the  pay- 
ment of  other  county  expenses,  but  the  expense  of  printing  and  delivering  ballots  and 


'  ELECTIONS— BALLOTS  AND  VOTING  21 

cards  of  instruction  to  be  used  in  municipal  elections   shall  be   a  Charge  against  the 
city  or  town  in  which  such  election  shall  be  held. 

2211.  Delivery  of  ballots.  Expense.  Sealed  packages.  Receipts.  The  county 
clerks  of  the  various  counties  of  the  state,  and  the  city  recorder,  and  the  town  clerks, 
as  the  case  may  be,  shall,  prior  to  election,  cause  to  be  delivered,  at  the  expense  of 
the  country,  city,  or  town,  to  the  election  judges  in  their  respective  districts,  the 
proper  number  of  ballots  provided  for  the  use  of  the  voters  at  such  election  in  such 
district.  The  same  shall  be  sent  in  two  sealed  packages  for  each  election  district  in 
said  county,  city,  or  town,  with  the  marks  on  the  outside  of  each,  clearly  stating  the 
election  district  and  polling  place  in  said  county,  city,  or  town  for  which  it  is  intended, 
together  with  the  number  of  ballots  inclosed.  Each  of  such  packages  shall  contain  one- 
half  of  the  number  of  ballots  intended  for  such  election  district.  Such  packages  shall 
be  delivered  prior  to  Monday  noon  before  election  day,  one  to  each  of  the  two  judges 
of  election  in  each  district,  who  are  members  fo  the  political  parties  which  cast  the 
largest  and  next  largest  number  of  votes  at  the  last  general  state  election.  Receipts  for 
ballots  thus  delivered  shall  be  given  by  the  election  judges  who  receive  them,  and 
filed  with  the  clerk  of  the  county,  city,  or  town,  as  the  case  may  be,  who  shall  also 
keep  a  record  of  the  time  when,  and  the  manner  in  which,  each  of  said  packages  was 
sent  and  delivered.  The  several  election  judges  receiving  such  packages  shall,  at  the 
opening  of  the  polls,  on  election  day,  produce  the  same  with  the  seals  unbroken  in  the 
proper  polling  place,  and  shall  in  the  presence  of  all  three  judges  open  the  said 
packages. 

2212.  Substitute  ballots.  If  the  ballots  to  be  furnished  to  any  election  judges, 
as  herein  provided,  shall  not  be  delivered  at  the  time  above  mentioned,  or  if  after 
delivery  they  shall  be  destroyed  or  stolen,  it  shall  be  the  duty  of  the  said  clerk  of  the 
county,  or  recorder  of  said  city,  or  clerk  of  said  town,  to  cause  other  ballots  to  be  pre- 
pared, as  nearly  in  the  form  prescribed  as  practicable,  with  the  word  "substitute" 
printed  in  brackets  immediately  under  the  fas-simile  signature  of  the  clerk  or  recorder 
preparing  such  ballots,  and  upon  receipt  of  the  ballots  thus  prepared  from  such  clerk 
or  recorder  accompanied  by  a  statement  under  oath  that  the  same  have  been  prepared 
and  furnished  by  him,  and  that  the  original  ballots  have  so  failed  to  be  received,  or 
have  been  destroyed  or  stolen,  the  election  judges  shall  cause  the  ballots  so  substituted 
to  be  used  at  the  election.  If  from  any  cause  none  of  the  official  ballots  or  substitute 
ballots  prepared  by  the  county  clerk,  the  city  recorder,  or  town  clerk,  as  herein 
prescribed,  shall  be  ready  for  distribution  at  any  polling  place,  or  if  the  supply  of 
ballots  shall  be  exhausted  before  the  polls  are  closed,  unofficial  ballots,  printed  or 
written,  made  as  nearly  as  possible  in  the  from  of  the  official  ballots,  may  be  used 
until  substitutes  prepared  by  the  clerk  or  recorder  as  provided  in  this  section  can 
be  printed  and  delivered. 

2213.  Appointment  of  judges  of  election.  Vacancies.  Absence.  Compensation. 
Judges  to  act  as  clerks.  Judges  of  election  shall  be  appointed  for  each  election  district 
in  the  manner  following:  The  board  of  county  commissioners  for  each  county  in  the 
state,  between  the  5th  and  20th  day  of  October  in  each  year  of  a  general  election, 
shall  appoint  three  qualified  electors,  at  least  two  of  whom  shall  be  of  opposite  political 
parties,  to  act  as  judges  of  election  in  each  election  district,  at  general  and  special 
elections,  until  their  successors  are  appointed.  On  or  before  the  last  day  of  September 
in  each  year  of  a  general  election,  political  parties,  or  any  committee  thereof,  may 
each  file  with  the  clerk  of  the  board  of  county  commissioners  a  list,  designating  six 
or  more  persons  in  each  election  district  in  such  county,  together  with  their  residences 
and  occupations,  which  shall  be  subscribed  by  the  chairman  or  secretary  of  the 
county  organization  of  the  political  party,  and  an  affidavit  shall  be  added  'thereto, 
subscribed  by  the  said  chairman  or  secretary,  stating  that  he  is  such  officer  or  acting 
officer  duly  appointed  and  with  authority  to  file  such  list  on  behalf  of  such  party;  that 
the  names  submitted  are  names  of  qualified  electors  of  such  district,  respectively; 
that,  according  to  the  best  knowledge  and  belief  of  such  affiant,  each  of  such  per- 
sons named  in  such  list  is  a  credible,  competent,  and  trustworthy  person.  The 
county  commissioners  shall  appoint  three  persons  for  each  polling  place  from  the 
lists  so  submitted  as  judges  of  election.  Whenever  political  parties  shall  fail  to  file 
such  list  or  lists,  or  whenever  such  list  or  lists,  when  filed,  shall  be  incomplete,  all 
such  omissions  shall  be  supplied  by  persons  elected  by  the  board  of  county  commis- 
sioners. Vacancies  in  the  office  of  judge  of  election  shall  be  filled  by  said  board  of 
county  commissioners;  provided,  that  in  case  any  judge  of  election  shall  fail  on  the 
morning  of  election  to  appear  or  from  any  cause  shall  fail  or  refuse  to  act,  the 
qualified  electors  present  at  the  polling  place  at  the  hour  designated  by  law  for  the 
opening   of  the   polls,   provided   said    electors    shall    be   not    less   than    six   in   number. 


22 ELECTIONS— BALLOTS  AND  VOTING 

shall  immediately  fill  the  vacancy,  by  appointing  another  person  qualified  to  act,  who 
shall  be  a  member  of  the  same  political  party  as  the  judge  whose  place  he  is  appointed 
to  fill.  Judges  of  election  shall  designate  which  of  their  number  shall  preside  and 
which  shall  act  as  clerks.  If  any  board  of  county  commissioners  shall  fail  to  comply 
with  the  provisions  of  this  section,  each  and  every  member  thereof  shall  be  guilty  of 
a  misdemeanor  and  shall  be  punished  by  a  fine  of  not  more  than  $100  for  every 
offense.  In  case  of  a  conflict  arising  before  such  board,  owing  to  different  persons 
claiming  the  right  to  certify  such  list  for  any  political  party,  the  board  shall  have 
authority  to  decide  between  such  lists;  provided,  that  they  shall  select  only  names 
included  in  a  sworn  list  as  above  mentioned;  and,  provided,  further,  that  any  person 
making  a  false  statement  in  any  such  affidavit  shall  be  guilty  of  perjury  and  punished 
as  provided  by  law.  Judges  of  election  shall  receive  such  compensation,  not  to  exceed 
$3  per  day,  as  may  be  fixed  by  the  board  of  county  commissioners. 

2214.  Polling  places,  booths,  ballots,  etc.  Alteration  or  division  of  election  dis- 
tricts. The  board  of  county  commissioners  of  each  county  shall  designate  polling  places 
for  each  district  in  such  county  and  shall  provide  in  each  polling  place  designated 
by  them  a  sufficient  number  of  voting  booths,  or  compartments,  which  shall  be  fur- 
nished with  supplies  and  conveniences,  including  shelves,  pens,  penholders,  ink,  and 
blotting  paper,  as  will  enable  the  voter  to  prepare  his  ballot  for  voting,  and  in  which 
voters  may  prepare  their  ballots  screened  from  observation  as  to  the  manner  in  which 
they  do  so;  and  a  guard  rail  shall  be  constructed  and  placed  that  only  sucn  persons  as 
are  inside  such  rail  can  approach  within  six  feet  of  the  ballot  box  and  of  such  voting 
booths  and  compartments.  The  arrangement  shall  be  such  that  the  voting  booth  or 
compartment  can  only  be  reached  by  passing  within  such  guard  rail.  And  both  they 
and  the  ballot  boxes  shall  be  in  plain  view  of  the  election  officers  and  of  those  out- 
Bide  the  guard  rail.  Each  booth  or  compartment  shall  be  at  least  three  feet  square, 
and  shall  contain  a  shelf  which  sliall  be  at  least  one  foot  wide,  extending  across  one 
side  of  the  booth  or  compartment  at  a  convenient  height  for  writing,  and  shall  be  so 
arranged  that  the  voter  can  prepare  his  ballot  screened  from  observation.  No  person 
other  than  the  election  officers  and  watchers  provided  by  law,  and  those  admitted  for 
the  purpose  of  voting,  as  herein  provided,  shall  be  permitted  within  such  guard  rail, 
except  by  authorityof  the  judges  of  election,  and  then  only  when  necessary  to  keep 
order  and  enforce  the  law.  The  number  of  such  voting  booths  or  compartments  shall 
not  be  less  than  one  for  every  fifty  voters  who  voted  at  the  last  election  in  the 
district.  The  officers  who  are  charged  with  the  duty  of  providing  voting  booths  or 
compartments  shall  also  furnish  for  each  polling  place  a  ballot  box,  which  shall  be 
large  enough  to  properly  receive  and  hold  the  ballots  to  be  cast  for  candidates  for 
offices,  in  conformity  with  the  provisions  of  this  chapter.  The  expense  thereof  shall 
be  in  all  cases  a  public  charge,  to  be  provided  for  in  the  same  manner  as  other 
election  expenses  under  this  chapter.  At  the  times  now  prescribed  by  law  and  in 
each  year  hereafter,  the  officers  charged  by  law  with  the  division  or  alteration  of 
the  election  districts  shall  alter  or  divide  the  existing  election  districts,  whenever 
necessary,  in  such  manner  that  each  election  district  shall  contain  not  more  than 
300  voters. 

2215,  Application    for    ballot.      Challengers.      Watchers.      Voting    mark    described. 

Any  person  desiring  to  vote  shall  give  his  name,  and,  if  requested  so  to  do,  his 
residence,  to  one  of  the  judges  of  election,  who  shall  thereupon  announce  the  same 
in  a  loud  and  distinct  tone  of  voice,  clear  and  audible,  and  if  such  name  is  found 
upon  the  registry  list  by  the  election  judge  having  charge  thereof,  he  shall  likewise 
repeat  the  said  name,  and  the  voter  shall  be  allowed  to  enter  the  space  inclosed  by 
the  guard  rail,  as  above  provided.  An  election  judge  shall  give  him  one,  and  only  one, 
ballot,  and  before  delivering  such  ballot  to  the  voter,  the  judge  of  election  having 
charge  of  the  ballots  shall  indorse  his  initials  on  the  stub.  The  name  of  such  voters 
shall  be  immediately  checked  on  said  list  with  the  number  of  such  stub.  Besides  the 
election  officers  and  watchers,  not  more  than  four  voters  in  excess  of  the  number  of 
voting  shelves  or  compartments  provided  shall  be  allowed  in  said  inclosed  space, 
within  said  guard  rail,  at  one  time,  except  as  hereinafter  provided.  Each  of  the 
political  parties  which  cast  the  largest  and  next  largest  number  of  votes  at  the  last 
general  election  in  the  state  shall  be  entitled  to  have  one  person  as  watcher  within 
the  guard  rail  during  the  casting  and  counting  of  votes  and  declaration  of  the  result 
thereof.  Such  person  shall  be  designated  and  his  selection  made  known  to  the 
election  judges  by  an  affidatvit  made  by  the  acting  chairman  of  the  county  or  state 
committee  of  each  of  such  parties;  provided,  that  in  case  of  temporary  absence  for 
meals  or  by  reason  of  sickness  or  otherwise,  the  person  so  selected  may  have  sub- 
stituted for  himself  some  other  person  of  like  political  belief,  such  substitute  to  be 
made  known  to  the  election  judges  by  an  affidavit  of  the  person  first  to  be  selected 


ELECTIONS— BALLOTS  AND  VOTING  23 


as  watcher.  When  any  person  shall  make  application  for  a  ballot,  his  right  to  vote 
at  that  poll  and  election  may  be  orally  challenged  by  any  challenger  outside  the 
guard  rail,  upon  either  or  all  of  the  following  grounds: 

1.  That  he  is  not  the  person  whose  name  appears  on  the  registration  list,  and 
under  which  name  he  claims  the  right  to  vote; 

2.  That  he  has  not  resided  within  the  state  one  year  next  preceding  the  election; 

3.  That  he  has  not  been  a  citizen  of  the  United  States  for  a  period  of  ninety  days 
next  preceding  the  election; 

4.  That  he  has  not  resided  in  the  county  four  months  next  preceding  the 
election ; 

5.  That  he  has  not  resided  within  the  precinct  for  sixty  days  next  preceding  the 
election; 

6.  That  he  does  not  live  in  the  election  district; 

7.  That  he  has  voted  before  on  that  day; 

8.  That  he  is  not  of  the  age  of  twenty-one  years  or  upwards;  provided,  that  if 
the  person  challenged  shall  take  an  oath  before  any  of  th(?  judges  of  election  that  the 
grounds  of  challenge  are  untrue,  then  he  shall  be  entitled  to  vote.  K  the  person 
applying  is  not  entitled  to  vote,  no  ballot  shall  be  delivered  to  him.  Any  person  may 
also  be  challenged  by  this  chapter,  when  he  shall  offer  his  ballot  for  deposit  in  the 
ballot  box.  Two  challengers  representing  each  political  party  or  set  of  nominatior* 
shall  be  permitted  to  remain  just  outside  the  guard  rail,  where  they  can  plainly  see 
what  is  done  within  the  polling  place,  except  within  the  said  booths  or  compartments. 
The  said  polling  place  shall  be  so  arranged  that  every  part  thereof,  except  inside  the 
said  booths  or  compartments,  may  be  in  full  view  of  such  challengers  and  watchers. 
On  receiving  his  ballot,  the  voter  shall  forthwith,  and  without  leaving  the  inclosed 
space,  retire  alone  to  one  of  the  voting  shelves  or  compartments,  and  shall  prepare  his 
ballot  as  hereinafter  provided.  The  voting  mark  shall  be  a  cross  in  the  circle  or 
square,  and  the  cross  required  to  be  used  in  this  chapter  shall  consist  of  tAvo  straight 
lines  as  nearly  equal  in  length  and  crossing  each  other  as  near  the  cnuter  of  each  line 
as  practicable. 

2216.  How  to  mark  the  ticket.  Any  voter  desiring  to  vote  for  all  the  candidates 
upon  any  ticket  may  mark  in  the  circle  above  that  ticket,  or  in  the  r.quares  opposite 
the  names  of  all  candidates  thereon,  or  both  such  markings.  If  the  voter  does  not 
desire  to  vote  for  a  candidate  on  a  ticket  the  circle  of  which  lie  has  marked,  he  may 
draw  a  line  through  the  name  of  such  candidate,  and  the  cross  in  the  circle  shall 
count  as  a  vote  for  all  the  other  candidates  on  the  ticket.  To  vote  lor  candidates  on 
two  or  more  tickets,  he  may  mark  in  the  squares  opposite  the  names  of  stch  candidates 
without  marking  in  any  circle;  or  he  may  indicate  his  choice  by  marTtlng  in  the  circle 
above  one  ticket,  drawing  a  line  through  the  names  of  such  candidates  on  that  ticket 
for  whom  he  does  not  desire  to  vote,  and  marking  in  the  squares  opposite  the  names 
of  the  candidates  of  his  choice  upon  other  tickets.  The  voter  may  also  insert  in 
writing  in  the  proper  place  in  the  blank  ticket  the  name  of  any  perscn  for  whom 
he  desires  to  vote,  and  he  shall  be  deemed  to  have  voted  for  that  person,  whether  he 
makes  or  fails  to  make  a  cross  mark  opposite  such  name.  The  unnecessary  marking 
of  a  cross  in  a  square  on  the  ticket  below  the  marked  circle  shall  not  affect  the 
validity  of  the  vote.  In  case  of  a  question  submitted  to  the  vote  of  the  people,  the 
voter  shall  mark  in  the  appropriate  margin  or  place  a  cross  against  the  answer  he 
desires  to  give. 

2217.  Ballots,  how  counted.  Rejection.  Ballots  thus  marked  shall  be  counted  for 
the  candidates  designated  by  the  marks  in  the  squares,  and  for  the  candidates  upon 
the  ticket  beneath  a  marked  circle  excluding  the  candidates  through  whose  names  the 
voter  may  have  drawn  a  line.  When  a  circle  is  marked  and  no  lines  are  drawn 
through  the  name  of  any  candidate  thereunder,  the  ballot  shall  be  counted  for  all 
the  names  upon  the  ticket  beneath  such  circle.  When  more  than  one  circle  is 
marked,  the  ballot  shall  be  rejected.  When  only  one  officer  for  any  offici;  is  to  be 
elected,  if  the  voter  marks  in  squares  opposite  the  name  of  more  than  one  candidate 
therefor;  or  if,  having  maj^ked  the  circle  of  one  ticket,  he  shall  mark  the  name  of  a 
candidate  on  another  ticket  without  drawing  a  line  through  the  name  of  the  corre- 
sponding candidate  upon  the  ticket  beneath  the  marked  circle,  such  vote  shall  not  be 
counted  for  such  office.  When  two  or  more  officers  of  the  same  kind  are  to  be 
elected,  if  more  squares  opposite  the  names  of  candidates  for  such  office  are  marked 
than  there  are  officers  to  be  elected  to  such  office;  or,  if  the  aggregate  nnmber  of 
unscratched  names  of  such  candidates  on  a  ticket,  the  circle  of  which  is  marked, 
added  to  the  number  of  such  candidates  on  other  tickets  whose  names  are  marked. 


24 ELECTIONS— BALLOTS  AND  VOTING    

shall  exceed  the  number  of  officers  to  be  elected  to  such  office,  the  ballot  shall  not 
be  counted  for  any  such  candidates.  Any  ballot  marked  by  the  voter  in  any  other 
manner  than  as  authorized  in  this  chapter  shall  be  rejected.  No  ballot  properly  marked 
by  the  voter  shall  be  rejected  because  of  any  discrepancy  between  the  printed  ballot 
and  the  nomination  paper,  and  it  shall  be  counted  for  the  candidate  or  candidates  for 
such  offices  named  in  the  nomination  paper.  No  ballot  furnished  by  the  pioper  officer 
shall  be  rejected  for  any  error  in  stamping  or  writing  the  indorsement  thereon  by 
the  officials  charged  with  such  duties,  nor  because  of  any  etror  on  the  pail  of  the 
officer  charged  with  such  duty  in  delivering  the  wrong  ballots  at  any  polling  place, 
but  any  ballot  delivered  by  the  proper  official  to  any  voter  shall,  if  prop(;rly  marked 
by  the  voter,  be  counted  as  cast  for  all  candidates  for  v/hom  the  voler  had  the 
right  to  vote,  and  for  whom  he  has  voted. 

2218.  Folding  and  castmg  ballot.  Time  allowed  voters.  Pe-sons  allowed  In  booth. 
Before  leaving  the  voting  shelf  or  compartment  the  voter  shall  fold  his  ballot  without 
displaying  the  marks  thereon,  in  the  same  manner  it  was  folded  when  he  received  It, 
so  that  the  contents  of  the  ballot  shall  be  concealed  and  the  stub  can  be  removed 
without  exposing  any  of  the  contents  of  the  ballot,  and  he  shall  keep  the  same  so 
folded  until  he  has  voted.  Each  voter  who  has  prepared  his  ballot,  and  is  ready  to 
vote  as  aforesaid,  shall  then  leave  the  compartment  and  ap])roach  the  judges  of  election 
having  the  ballot  box  in  charge,  and  give  his  name  to  one  of  tlie  judges  of  election, 
who  shall  announce  it  in  a  loud  and  distinct  tone  of  voice,  clear  and  audible.  The 
voter's  ballot  shall  be  hanjied  to  the  judge  in  charge  of  the  ballot  box,  who  shall 
announce  the  name  of  such  voter  and  the  number  upon  the  stub  of  hiij  ballot;  which 
number  must  correspond  with  the  number  previously  checlced  opposite  his  name  on 
the  registry  list  when  the  election  judge  handed  him  his  ballol ;  if  the  stub  number 
of  the  ballot  corresponds  and  is  identified  by  the  initials  of  the  judge  placed  thereon, 
the  judge  shall  then  remove  the  stub  from  such  ballot.  The  judge  m  charg'i  of  the 
poll  list  shall  immediately  write  the  name^,of  such  voter  upon  such  lisr.  Su(.h  ballot 
shall  then  be  returned  by  said  judge  to  the  voter,  who  shall  thereupon  m  full  view  of 
the  judges  of  election  deposit  the  same  in  the  ballot  box,  wilh  the  official  indorse- 
ment on  the  ballot  uppermost.  Each  voter  shall  mark  and  ('eposit  his  ballot  without 
undue  delay,  and  shall  quit  said  inclosed  space  as  soon  as  he  has  voted.  No  such 
voter  shall  be  allowed  to  occupy  a  voting  shelf  or  compartm'jat  already  occupied  by 
another,  nor  remain  within  said  inclosed  space  more  than  tev  minutes,  nor  to  occupy 
a  voting  shelf  or  compartment  for  more  than  five  minutes,  in  case  all  such  (shelves  or 
compartments  are  in  use  and  other  voters  are  waiting  to  occipy  the  same.  No  voter, 
not  a  judge  of  election,  whose  name  has  been  checked  on  the  registry  list  of  the 
ballot  officers,  shall  be  allowed  to  re-enter  said  inclosed  sp  ice  during  said  election. 
It  shall  be  the  duty  of  each  and  all  of  the  judges  of  election  to  secure  the  observance 
of  the  provisions  of  this  section  and  other  sections  relative  to  the  dutien  of  voters 
and  of  judges  and  other  officers  of  election. 

2219.  Ballots  not  to  be  removed.  Spoiled  ballots.  No  person  shall  take  or  remove 
any  ballot  from  the  polling  place  before  the.  close  of  the  polls.  If  any  voter  spoils  a 
ballot,  he  may  successively  obtain  others,  one  at  a  time,  not  exceeding  three  in  all, 
upon  returning  each  spoiled  one.  The  ballots  thus  returued  shall  be  immediately 
canceled. 

2220.  Assisting  disabled  or  illiterate  voter  to  prepare  ballot.  Any  voter  who  de- 
clares under  oath  to  the  judges  of  election  that  he  canno<  read  or  write  the  English 
language,  or  that,  by  reason  of  physical  disability,  he  it  imable  to  prepare  his  ballot 
without  assistance,  or  that  he  is  physically  unable  to  enter  the  polling  place,  being 
at  the  entrance  thereto,  shall,  upon  his  request,  receive  the  ass'.stance  of  any  two 
of  the  .jilection  judges,  who  are  of  different  political  part'es,  in  th'i  marking  thereof; 
and  such  judges  shall  certify  on  the  outside  thereof  that  it  was  so  marked  with  their 
assistance,  and  shall  thereafter  give  no  information  regarding  the  same.  The  same 
two  judges  shall  not  together  successively  act  as  suc'i  assist'ints.  The  judges  of 
election  are  hereby  qualified  to  administer  such  oath,  and  a  memorandum  shall  be 
made  on  the  poll  list  of  every  instance  when  an  oath  was  administered  to  a  voter  as 
herein  provided,  stating  what  facts  were  sworn  to,  the  rame  of  affiiant,  and  the  names 
of  the  judges  who  aided  the  voter  in  the  preparation  of  his  ballot.  No  judge  who 
assists  a  voter  in  the  preparation  of  his  ballot,  as  herein  provided,  shall  in  any 
manner  request,  persuade,  or  induce,  or  seek  to  persuide  or  induce,  any  such  voter  to 
vote  for  or  against  any  particular  candidate  or  cand;<'ates.  Nor  shall  any  such  judge 
reveal  to  another  the  name  of  any  candidate  for  w'jom  the  voter  has  voted,  or  any- 
thing, that  took  place  while  he  waft  assisting  such  /oter  in  preparing  such  ballot  for 
voting.     No  voter  shall  divulge  to  any  one  within  '-he  polling  place  the  name  of  any 


ELECTIONS— BALLOTS  AND  VOTING      25 

candidate  for  whom  he  intends  to  vote,  nor  shall  he  ask  for,  or  receive  the  assist- 
ance of,  any  person  within  the  poiling  place,  in  the  preparation  of  his  ballot,  except  ass 
provided  in  this  section.  When  f,ny  voter,  in  addition  to  the  oath  required  hereinbefore 
by  this  section,  shall  also  make  oath  that  he  ?annot  speak,  and  understand  when 
spoken,  the  English  language,  the  election  judr;os  may  select  two  persons,  one  from 
each  political  party,  who  shall  act  as  interpret eis  and  who  shall  take  the  oath  taken 
by  election  judges  as  nearly  as  may  be,  which  interpreters  may  assist  such  persons 
who  cannot  speak,  and  und-srstand  when  spoken,  the  English  language,  in  making  up 
their  ballots. 

2221.  Defective  ballots.  Counting  or  rejecting.  If  a  voter  marks  in  ink  more 
names  than  there  are  persons  to  be  elected  to  an  office,  or  if,  for  any  reason,  it  is 
impossible  to  determine  the  choice  of  any  voter  for  any  office  to  be  filled,  his  ballot 
shall  not  be  counted  for  such  office;  provided,  however,  that  a  defective  or  incomplete 
cross  mark  on  any  ballot  in  ink  in  a  proper  place  wball  be  counted,  if  there  be  no 
other  mark  or  cross  in  ink  on  such  ballot  indicating  an  intention  to  vote  for  some 
person  or  persons  or  set  of  nominations  other  than  those  indicated  by  the  first  men- 
tined  defective  cross  mark.  No  ballot  without  the  official  indorsement  shall,  except  as 
provided  in  §  2212,  be  allowed  to  be  deposited  in  the  ballot  box,  and  none  but  ballots 
provided  in  accordance  with  the  provisions  of  this  chapter  shall  be  counted.  Ballots 
not  counted  shall  be  marked  "defective"  on  the  back  thereof. 

2222.  Counting  the  votes.  Excess  ballots,  disposal  of.  As  soon  as  the  polls  at 
any  election  shall  have  finally  closed,  the  judges  shall  immediately  open  the  ballot 
box  and  proceed  to  count  the  votes  polled,  and  the  counting  thereof  shall  be  com- 
menced and  continued  until  finished  before  the  judges  shall  adjourn.  They  shall  first 
count  the  number  of  ballots  in  the  box.  If  the  ballots  shall  be  found  to  exceed  the 
number  of  names  on  each  of  the  poll  lists,  the  judges  of  election  shall  then  examine 
the  official  indorsements  on  the  outside  of  the  .ballots  without  opening  the  same, 
and  if,  in  the  unanimous  opinion  of  the  judges,  any  one  or  more  of  the  ballots  in 
excess  of  the  number  on  the  poll  list  be  deemed  not  to  bear  the  proper  official  endorse- 
ment, it  or  they  shall  be  put  into  a  separate  pile  by  themselves  and  marked  "excess 
ballots."  If  there  is  still  an  excess  of  ballots,  they  shall  be  replaced  in  the  box,  and 
olie  of  the  judges,  without  looking,  shall  draw  out  from  the  box  a  number  of  ballots 
equal  to  such  excess,  and  the  same  shall  be  laid  'aside  and  not  counted.  When  the 
ballots  and  the  poll  lists  agree,  or,  as  above  provided,  have  been  made  to  agree,  the 
board  shall  proceed  to  count  the  votes;  each  ballot  shall  be  read  and  counted  separ- 
ately, and  every  name  included  in  a  marked  ticket,  set,  or  list  of  nominations,  or 
separately  marked  as  voted  for  on  such  ballot,  where  there  is  no  conflict  lo  obscure  the 
intention  of  the  voter  as  aforesaid,  shall  be  read  and  marked  upon  the  tally  list,  before 
any  other  ballot  is  proceeded  with;  and  the  entire  number  of  ballots,  excepting 
"excess"  and  "defective"  ballots,  shall  be  read  and  counted  and  placed  upon  the 
tally  lists  in  like  manner,  and  when  all  the  ballots  have  been  counted  as  herein  pro- 
vided, the  board  shall  compute  and  declare  the  results. 

2223.  Marking  tally  lists.  Certification.  As  the  ballots  are  openea  and  read 
the  judges  shall,  upon  tally  lists  prepared  for  that  purpose,  carefully  mark  down  the 
votes  each  person  shall  have  received,  in  separate  lines,  with  the  name  of  such  person 
at  the  beginning  of  the  line,  and  the  office  it  is  designed  by  the  voter  such  person 
shall  fill.     The  judges  shall  certify  the  tally  lists  substantially  as  follows: 

We,  the  undersigned,  judges  of  election  for  district  No county  of ., 

state  of  Utah,  do  hereby  certify  that  the  foregoing  is  a  true  and  correct  list  of  all 

the  persons  voted  for  at  the  election  held  in  said  district  on  the „ day  of , 

19 and  the  number  of  votes  cast  for  each  for  the  offices  respectively  named. 


Judges. 

2224.  County  to  furnish  poll  books.  The  board  of  county  commissioners  of  each 
county  must  furnish,  for  the  several  election  districts  in  each  county,  poll  books,  after 
the  forms  hereinafter  prescribed. 


26 ELECTIONS— BALLOTS   AND   VOTING 

2225.  Delivery  of  poll   books  to  judges.     The  county  clerk,  city  recorder,  or  towh 

clerk,  as  the  case  may  be,  shall  cause  to  be  delivered  to  one  of  the  judges  of  election 
in  each  district,  at  the  time  the  ballots  are  delivered  for  such  district,  two  of  such 
blank  poll  books  for  the  use  of  the  judges  of  such  district, 

2226.  Form    of   poll    books.     The   following   is   the   form   of   the   poll   books   to   be 
kept  by  the  judges  of  election,  in  which  shall  be  written  the  poll  list   : 

FORM. 

Poll  book  of  district  No „ 

Number  and  names  of  electors  voting. 
No.   Name.  No.   Name.  No.   Name.  No.    Name 

We,  the  undersigned,  judges  of  an  election  held  at  district,  in  _ - 

county,   state   of   Utah,   on   the   day   of   19 .-..,   having   first   been 

severally  sworn  according  to  law,  hereby  certify  that  the  foregoing  is  a  true  state- 
ment of  the  number  and  names  of  the  persons  voting  in  said  district  ai  said  election, 
and  that  the  total  number  of  votes  east  thereat  was  


Judges. 

2227.  Disposal  of  ballots  after  counting.  Marking  of  excess  ballots.  At  all  elec- 
tions, the  ballots  as  soon  as  read  m\ist  be  strung  on  a  string  by  one  of  the  judges,  and 
must  not  thereafter  be  examined  by  any  person.  The  "excess"  and  "defective"  ballots, 
separately  strung,  shall,  with  the  counted  ballots,  be  carefully  sealed  in  a  strong 
envelope.     Every   "excess"   or   "defective"   ballot   must   be   marked   by   the   judges,   in 

writing,   across    the   face   thereof,    "excluded    on    the    ground    of   ,"    filling   the 

blank  with  a  brief  statement  of  the  reasons  for  the  rejection,  which  statement  must  be 
dated  and  signed  by  the  judges. 

2228.  Judges  of  election  to  sign  and  certify  poll  books,  and  make  returns.  As 
soon  as  all  the  votes  are  counted  and  the  ballots  sealed  up  as  aforesaid,  the  poll  books 
must  be  signed  and  certified  by  the  judges.  Before  they  adjourn,  the  judges  must 
enclose  in  another  strong  envelope  and  seal  up  and  direct  to  the  county  clerk,  city 
recorder,  or  town  clerk,  as  the  case  may  be,  the  official  register,  all  certificates  of 
registration  received  by  them,  one  list  of  the  persons  challenged,  one  of  the  poll  books, 
one  of  the  tally  sheets,  and  the  official  oaths  taken  by  the  judges  of  election.  The 
judges  must  enclose  in  another  envelope  and  direct  to  the  county  clerk,  city  recorder, 
or  town  clerk,  as  the  case  may  be,  a  copy  of  the  total  number  of  votes-  received 
by  each  candidate  whose  name  is  on  the  official  ballot,  the  same  to  be  placed  on  file 
in  the  office  of  the  county  clerk,  city  recorder,  or  town  clerk,  as  the  case  may  be,  for 
public  inspection.  The  stubs  of  the  counted  ballots  shall  be  immediately  burned  by 
the  presiding  judge  of  election. 

2229.  Statement  of  disposition  of  ballots.  The  election  judges  shall  also  at  the 
same  time  prepare  a  statement  in  writing  showing*  the  number  of  ballots  voted,  making 
a  separate  statement  of  the  number  of  unofficial  ballots,  if  any,  voted  as  provided  in 
§  2212,  the  number  of  ballots  delivered  to  voters,  the  number  of  spoiled  ballots,  and 
the  number  of  ballots  not  delivered  to  voters,  and  the  number  of  ballots  returned,  iden- 
tifying and  specifying  the  same.  All  unused  ballots,  and  spoiled  ballots,  shall  be 
returned  with  such  statement  to  the  county  clerk,  city  recorder,  or  town  clerk,  as  the 
case  may  be,  in  a  sealed  envelope.  Any  election  judge  who  shall  fail  to  thus  account 
particularly  for  all  official  ballots  placed  in  his  charge  shall  be  deemed  guilty  of  a  mis- 
demeanor. 

2230.  Judges  to  indorse  envelopes,  etc.  Each  of  the  judges  must  write  his  name 
across  the  seals  of  the  envelope  or  covers,  and  must  mark  on  the  exterior  of  the  same 
the  word  "ballots"  or  "returns"  or  "unused  ballots"  or  other  words  plainly  indicating 
the  contents  of  the  packages  and  the  number  of  the  election  district. 


ELECTIONS— BALLOTS  AND  VOTING  27 

2231.  Lists,  etc.,  open  to  inspection.  Delivery  of  ballot  box.  The  judges  must 
select  one  of  their  number  to  retain,  open  to  the  inspection  of  electors  for  at  least  six 
months,  the  other  list  of  persons  challenged,  the  other  tally  sheet,  and  the  other  poll 
book.  The  judge  so  selected  must  also  deliver  the  ballot  box  and  the  key  thereof 
to  the  district  registry  agent,  by  him  to  be  delivered  to  the  presiding  judge  at  any  future 
election  during  his  term  of  office,  and  at  the  termination  thereof  to  be  delivered  to 
his  successor  in  office  or  otherwise  disposed  of  as  the  county  clerk  may  direct. 

2232.  Delivery  of  sealed  packages  within  twenty-four  hours.  The  sealed  packages 
must,  before  the  judges  adjourn,  be  delivered  to  one  of  their  number,  to  be  deter- 
mined by  lot,  unless  otherwise  agreed  upon.  The  judge  to  whom  such  packages  are 
delivered  must,  within  twenty-four  hours,  deliver  them  without  their  having  been 
opened  to  the  county  clerk,  city  recorder,  or  town  clerk,  as  the  case  may  be. 

2233.  Payment  of  messengers  delivering  election  returns.  There  shall  be  paid  out 
of  the  treasury  of  each  county,  city,  or  town,  as  the  case  may  be,  to  the  person  carrying 
the  election  returns  to  the  clerk  or  recorder  thereof,  the  sum  of  $1,  and  also  the  sum 
of  10  cents,  one  way,  for  every  mile  necessarily  traveled  between  the  polling  place 
and  the  place  of  delivery;  provided,  that  where  the  polling  place  is  fifteen  miles  or  more 
from  the  county  seat,  the  election  returns  may,  in  the  discretion  of  the  judges  of 
election,  be  sent  to  the  county  clerk,  within  twenty-four  hours,  by  registered  mail, 
from  the  postoffice  most  convenient  to  said  voting  place. 

2234.  Ballots  to  be  retained  one  year,  then  destroyed.  Upon  receipt  of  the  pack- 
ages, the  clerk  or  recorder  must  file  the  one  containing  ballots  and  must  keep  it 
unopened  and  unaltered  for  twelve  months,  after  which  time,  if  there  is  not  a  con- 
test commenced  in  some  tribunal  having  jurisdiction,  he  must  bum  the  package  with- 
out opening  or  examining  the  contents. 

2235.  Id.  Ballots  to  be  preserved  till  contest  is  determined.  If  within  twelve 
months  there  is  such  a  contest  commenced,  he  must  keep  the  package  unopened  and 
unaltered  until  it  is  finally  determined;  when  he  must,  as  provided  in  the  preceding 
section,  destroy  it,  unless  such  package  is,  by  virtue  of  an  order  of  the  tribunal  in 
which  the  contest  is  pending,  brought  and  opened  before  it,  to  the  end  that  evidence 
may  be  had  of  its  contents,  in  which  event  the  package  and  its  contents  shall  be  in 
the  custody  of  such  tribunal. 

2236.  Returns  produced  for  canvassing.  The  package  containing  the  returns,  the 
clerk  or  recorder  must  produce  before  the  board  of  county  commissioners  or  such 
other  body  as  may  be  lawfully  convened,  when  it  is  in  session  for  the  purpose  of 
canvassing  the  returns. 

2237.  Filing  returns.  Recorder  to  transmit  poll  list,  etc.,  to  county  clerk.  As  soon 
as  the  returns  are  canvassed,  the  clerk  or  recorder  must  file'  in  his  office  the  poll 
book,  lists,  and  the  papers  produced  before  the  board  from  the  package  mentioned  in 
the  preceding  section;  provided,  that  in  municipal  elections  the  town  clerk  or  city 
recorder  shall,  on  or  before  the  1st  day  of  June,  prior  to  the  general  election,  transmit  to 
the  county  clerk  the  checked  register  and  poll  list  used  at  such  election. 


28  ELECTIONS— VOTING   OF   ABSENT    ELECTORS 


Voting  of  Absent  Electors 


CHAPTER    42. 

Laws  of  Utah,  1919. 

An   Act   providing   a   metliod   by   which    registered   electors   absent  from   their   election 
districts  on  election  day  may  vote,  and  prescribing  a  penalty  for  violations  thereof. 

Be  it  enacted  by  the  Legislature  of  the  state  of  Utah: 

Section  1.  Elector  absent  from  county  may  vote.  Any  qualified  elector  of  this 
state  having  complied  with  the  laws  in  regard  to  registration,  who  is  absent  from  the 
county  of  which  he  is  an  elector  on  the  day  of  holding  any  general  election,  may  vote 
at  any  such  election  as  hereinafter  provided. 

Sec.  2.  Application  on  unexpected  absence.  At  any  time  within  thirty  days  next 
preceding  such  election,  any  voter  expecting  to  be  absent  on  the  day  of  such  election 
from  the  county  in  which  his  voting  precinct  is  situated,  may  make  application  to  the 
county  clerk  of  such  county  for  an  official  absent  voter  ballot  to  be  used  as  hereinafter 
provided. 

Sec.  3.  Form' — color — designation.  For  all  general  elections  there  shall  be  pre- 
pared and  printed  a  sufficient  number  of  official  ballots  to  be  known  as  absent  voter 
ballots,  which  ballots  shall  be  prepared  and  printed  in  the  same  form  and  shall  be  of 
the  same  size  and  texture  and  shall  contain  the  same  matter  as  the  regular  official 
ballots,  except  that  they  shall  be  printed  upon  tinted  paper  of  a  tint  different  from 
that  of  the  sample  and  regular  ballots. 

Sec.  4.  Blank — form.  Application  for  such  ballot  shall  be  made  upon  a  blank 
to  be  furnished  by  the  county  clerk  of  the  county  of  which  the  applicant  is  an  elector, 
and  shall  be  in  substantially  the  following  form: 

I, _.....,  a  duly  qualified  elector,  residing  at 

county,  state  of  Utah,  and  to  my  best  knoAvledge  and  belief  entitled  to  vote  at  the  next 
election,  expecting  to  be  absent  from  the  said  county  on  the  day  for  holding  such  elec- 
tion, hereby  make  application  for  an  official  absent  voter  ballot  to  be  voted  by  me  at 
such  election. 

Date 


(Signed) 


Se.c.  5.  Delivery  of  application.  Such  application  blank  shall,  upon  request  there- 
for, be  sent  by  such  county  clerk  to  any  absent  voter  by  mail,  and  shall  be  delivered 
to  any  voter  upon  application  made  personally  at  the  office  of  such  county  clerk. 

Sec.  6.  Absent  voter  ballot — affidavit.  Upon  receipt  of  such  application  properly 
filled  out  and  duly  signed,  or  as  soon  thereafter  as  the  official  absent  voter  ballot  for 
the  precinct  in  which  the  applicant  resides  has  been  printed,  the  said  cuuniy  clerk 
shall  send  to  such  absent  voter  by  mail,  postage  prepaid,  one  such  official  absent  voter 
ballot  and  shall  enclose  with  such  ballot  an  envelope,  which  envelope  shall  bear  upon 
the  front  thereof  the  name,  official  title  and  postoffice  address  of  such  county  clerk, 
and  upon  the  other  side  a  printed  affidavit  in  substantially  the  following  rorm. 

County  of 

ss. 

I, ,    solemnly    swear    that    I    am    a    resident    elector 

of  the - voting  district  of  the_; — 

precinct  in „ county,  state  of  Utah,  and  entitled  to  vote  in  such 

precinct  at  the  next  election;  that  I  expect  to  be  absent  from  said  county  of  my 
residence  on  the  day  of  holding  such  election  and  that  I  will  have  no  opportunity  to 
vote  in  person  on  that  day. 

(Name  of  Voter) 


ELECTIONS— VOTING  OF  ABSENT  ELECTORS   29 

Subscribed   and   sworn   to   before    me    this __ day 

of - ,   19 ,  and  I  hereby  certify  that  this  affiant 

exhibited  the  enclosed  ballots  to  be  unmarked,  that  he  then,  in  my  presence  and  in 
the  presence  of  no  other  person,  and  in  such  manner  that  I  could  not  see  his  vote, 
marked  such  ballot,  and  enclosed  and  sealed  the  same  in  this  envelope.  That  the 
affiant  was  not  solicited  or  advised  by  me  to  vote  for  or  against  any  candidate  or 
measure. 


(Notary  Public,  Justice  of  the  Peace,  or  other 
officer  authorized  to  administer  oaths.) 

Sec.  7.  Subscribing  voter — folding  and  mailing  ballot.  Such  absent  voter  shall 
make  and  subscribe  the  said  affidavit  before  an  officer  authorized  by  law  to  admin- 
ister oaths,  and  such  absent  voter  shall  thereupon,  in  the  presence  of  such  officer  and 
no  other  person,  mark  such  ballot,  (but  in  such  manner  that  such  officer  cannot  see 
the  vote),  and  such  ballot  shall  thereupon,  in  the  presence  of  such  officer,  be  folded 
by  such  voter  so  as  to  conceal  the  vote,  and  be  in  the  presence  of  such  officer  depos- 
ited by  such  voter  in  said  envelope,  and  the  said  envelope  securely  sealed.  Said  envelope 
shall  be  mailed  by  such  absent  voter,  postage  prepaid. 

Sec.  8.  Duties  of  county  clerk.  Upon  receipt  of  such  envelope  containing  such 
ballot  the  county  clerk  shall  forthwith  enclose  the  same,  unopened,  together  with  the 
written  application  of  such  absent  voter,  in  a  larger  envelope,  which  shall  be  securely 
sealed  and  endorsed  with  the  name  or  number  of  the  proper  voting  district,  the  name 
and  official  title  of  such  clerk,  and  the  words,  "This  envelope  contains  an  absent  voter 
ballot  and  must  be  opened  only  on  election  day  at  the  polls  while  the  same  are  open," 
and  such  clerk  shall  thereafter  safely  keep  the  same  in  his  office  until  the  same  is 
delivered  by  him  as  provided  in  the  next  section. 

Sec.  9.  Superscription  of  envelope — transmitting.  In  case  such  envelope  is  re- 
ceived by  such  clerk  prior  to  the  delivery  of  the  official  ballots  to  the  judges  of 
election  of  the  voting  district  in  which  such  absent  voter  resides,  such  ballot,  envelope 
and  application  sealed  in  such  envelope  shall  be  enclosed  with  said  official  ballots  and 
delivered  therewith  to  the  judges  of  such  voting  district.  In  case  the  official  ballots 
for  such  voting  district  shall  have  been  delivered  to  such  judges  of  election  at  the 
time  of  the  receipt  by  the  judges  of  such  absent  voter  ballot,  such  clerk  shall  imme- 
diately enclose  such  application  and  such  ballot  with  the  envelope  containing  such 
ballot,  unopened,  in  a  larger  envelope  which  shall  be  securely  sealed  by  him  and 
endorsed  on  the  front  with  the  name,  official  title,  name  of  voting  district  and  post- 
office  address  of  the  judges  of  election  of  the  voting  district  in  which  such  absent  voter 
resides,  and  the  words,  "This  envelope  contains  an  absent  voter  ballot  and  must  be 
opened  only  on  election  day  at  the  polls  while  the  same  are  open,"  and  forthwith  mail 
the  same,  postage  prepaid,  to  such  judges  of  election. 

Sec.  10.  Procedure  by  judges  of  election.  At  any  time  between  the  opening  and 
closing  of  the  polls  on  such  election  day,  the  judges  of  election  of  such  voting  district 
shall  first  open  the  outer  envelope  only,  and  compare  the  signature  of  such  voter  to 
such  application  with  the  signature  to  such  affidavit.  In  case  the  judges  find  the 
affidavit  is  sufficient  and  that  the  signatures  correspond,  and  that  the  applicant  is  then 
a  duly  qualified  elector  of  such  voting  district  and  has  not  voted  at  such  election,  they 
shall  open  the  absent  voter  envelope,  in  such  manner  as  not  to  destroy  the  affidavit 
thereon,  and  take  out  the  ballot  or  ballots  therein  contained,  and  without  unfolding 
the  same,  or  permitting  it  to  be  opened  or  examined,  and  having  endorsed  his  initials 
on  the  stub  in  the  same  manner  that  other  ballots  are  endorsed,  deposit  the  same  in 
the  proper  ballot  box,  showing  by  the  records  of  such  elector  to  have  voted.  In  case 
such  affidavit  is  found  to  be  insufficient,  or  that  the  said  signatures  do  not  correspond,  or 
that  such  applicant  is  not  then  a  duly  qualified  elector  of  such  voting  district,  such 
vote  shall  not  be  allowed,  but  without  opening  the  absent  voter  envelope,  the  judges 
of  election  shall  mark  across  the  face  thereof,  "Rejected  as  defective,"  or  "Rejected 
as  not  an  elector,"  as  the  case  may  be.  The  absent  voter  envelope,  when  suca  absent 
vote  is  voted,  and  the  absent  voter  envelope  with  its  contents,  unopened,  when  such 
absent  vote  is  rejected,  shall  be  deposited  in  the  ballot  box  containing  the  general  or 
party  ballots,  as  the  case  may  be,  retained  and  preserved  in  the  manner  as  now  by 
law  provided  for  the  retention  and  preservation  of  official  ballots  voted  at  such 
election. 

Sec.  11.  Provisions  of  act  extended.  The  provisions  of  this  act  shall  be  con- 
strued so  as  to  permit  any  qualified  elector  of  this  state  who  is  present  in  his  county 


30 ELECTIONS— VOTING   OF   ABSENT    ELECTORS 

after  the  official  absent  voter  ballots  of  such  county  have  been  printed,  and  who  has 
reason  to  believe  that  he  will  be  absent  from  such  county  on  election  day  as  before 
provided  in  section  2,  to  vote  before  he  leaves  his  county,  in  like  manner  as  an  absent 
voter,  and  any  qualified  elector  who  has  marked  his  ballot  as  hereinbefore  provided, 
who  shall  unexpectedly  return  to  his  voting  district  before  or  on  election  day,  shall  be 
permitted  to  vote  in  person,  provided  his  ballot  has  not  already  been  deposited  in  the 
ballot  box. 

Sec.  12.  Absent  voter  ballots  to  be  duly  prepared.  It  shall  be  the  duty  of  the 
secretary  of  state,  county  clerk,  or  any  other  officer,  by  law  required,  to  prepare  any 
general  election  ballot,  to  prepare  and  have  printed  and  delivered  to  the  county  clerk, 
at  least  fifteen  days  prior  to  the  holding  of  such  election,  a  sufficient  number  of  absent 
voter  ballots  provided  for  in  section  5,  for  the  use  of  all  voters  likely  to  be  absent 
from  such  county  on  the  day  of  such  election. 

Sec.  13.  False  swearing — neglect  of  duties  by  officers — penalties.  If  any  person 
shall  wilfully  swear  falsely  to  the  affidavit  in  section  6  provided  for,  he  shall  upon 
conviction  thereof  be  deemed  guilty  of  perjury  and  shall  be  punished  as  in  such 
cases  by  law  provided.  If  the  secretary  of  state  or  any  county  clerk  or  any  election 
officer  shall  refuse  or  neglect  to  perform  any  of  the  duties  prescribed  by  this  act,  or 
shall  violate  any  of  the  provisions  thereof,  or  if  any  officer  taking  the  affidavit  pro- 
vided for  in  section  6  shall  make  any  false  statements  in  his  certificate  thereto  attached, 
he  shall  be  deemed  guilty  of  a  misdemeanor  and  shall  be  punished  by  a  fine  of  not 
exceeding  $100  or  by  imprisonment  in  the  county  jail  for  thirty  days,  or  by  both  such 
fine  and  imprisonment. 

Approved  March  13,  1919. 


ELECTIONS— CANVASS  OF  RETURNS  31 


Canvass  of  Returns 


2238.  County  commissioners  a  canvassing  board.  Meeting.  The  board  of  county 
commissioners  of  each  county  is  ex  officio  a  board  of  county  canvassers  for  the 
county,  and  must  meet  as  such  to  canvass  the  returns  at  the  usual  place  of  meeting 
of  the  board  of  county  commissioners,  at  twelve  o'clock  noon  on  Monday  next  after 
each  election. 

2239.  Id.  Absence  of  commissioner.  Clerk.  If,  at  the  time  and  place  appointed 
for  such  meeting,  one  or  more  of  the  county  commissioners  should  nor  attend,  the 
place  of  the  absentees  must  be  supplied  by  one  or  more  of  the  following  county 
officers,  whose  duty  it  is  to  act,  in  the  order  named,  to  wit:  The  treasurer,  tne  asses- 
sor, the  sheriff,  so  that  the  board  of  county  canvassers  shall  always  consist  of  three 
acting  members.  The  county  clerk  is  ex  officio  the  clerk  of  the  board  of  county 
canvassers. 

2240.  Commencing  the  canvass.  Missing  returns.  If,  at  the  time  of  the  meet- 
ing, the  returns  from  each  district  in  the  county  in  which  polls  were  opened  have 
been'received,  the  board  of  county  canvassers  must  then  and  there  proceed  to  canvass 
the  returns;  but  if  all  the  returns  have  not  been  received,  the  canvass  must  be  post- 
poned from  day  to  day,  Sundays  and  legal  holidays  excepted,  until  all  of  the  returns  are 
received,  or  until  seven  postponements  have  been  had.  If  the  returns  from  any 
election  district  have  not  been  received  by  the  county  clerk  within  seven  days  after 
any  election,  it  is  his  duty  forthwith  to  send  a  messenger  to  the  judges  for  the  missing 
returns,  who  must  procure  such  returns  from  the  judges,  or  any  of  them,  and  return 
the  same  to  the  county  clerk.  Such  messenger  shall  be  paid  out  of  the  county  treasury 
ten  cents  per  mile  for  the  distance  necessarily  traveled.  If  it  appears  to  the  board, 
by  evidence,  that  the  polls  were  not  opened  in  any  district,  and  no  returns  have  been 
received  therefrom,  the  board  must  certify  to  the  same  and  file  such  certificate  and 
the  evidence,  if  any,  with  the  county  clerk,  who  must  enter  the  same  in  the  minutes 
and  in  the  statement  mentioned  in  §  2242. 

2241.  Canvass  to  be  public.  Irregularities.  The  canvass  must  be  made  in  public 
by  opening  the  returns  and  determining  therefrom  the  vote  of  such  county  or  precinct 
for  each  person  voted  for,  and  for  and  against  each  proposition  voteo  upon  at  such 
election,  and  declaring  the  result  thereof.  In  canvassing,  no  returns  must  be  rejected, 
if  it  can  be  ascertained  therefrom  the  number  of  votes  cast  for  each  person.  The 
fact  that  the  returns  do  not  show  who  administered  the  oath  to  the  judges  of  election, 
or  a  failure  to  fill  out  all  the  certificates  in  the  poll  books,  or  to  do  or  perform  any 
other  act  in  making  up  the  returns  that  is  not  essential  to  determine  for  whom  the 
votes  were  cast,  is  not  such  an  irregularity  as  to  entitle  the  board  to  reject  the  same, 
but  they  must  be  canvassed  as  are  other  returns. 

2242.  Entry  of  result  of  canvass.  The  clerk  of  the  board  must,  as  soon  as  the 
result  is  declared,  enter  on  the  records  of  such  board  a  statement  of  such  result, 
which   statement  must   show: 

1.  The  whole  number  of  A'otes  cast  in  the  county; 

2.  The  names  of  the  persons  voted  for,  and  the  propositions  voted  upon; 

3.  The  office  to  fill  which  each  person  was  voted  for; 

4.  The  number  of  votes  given  at  each  election  district  to  each  of  such  persons, 
and  for  or  against  each  of  said  propositions; 

5.  The  number  of  votes  given  in  the  county  to  each  of  such  persons  and  for 
and  against  each  of  such  propositions,  or  in  case  of  precinct  officers,  the  number  of 
votes  given  in  each  precinct  to  each  person  voted  for. 

2243.  Highest  number  of  votes  elects.  The  board  must  declare  elected  the 
persons  having  the  highest  number  of  votes  given  for  each  office  to  be  filled  by  the 
votes  of  a  single  county  or  subdivision  thereof. 

2244.  Certificate  of  election  delivered  by  clerk.  The  county  clerk  must  immedi- 
ately make  out  and  deliver  to  such  person  a  certificate  of  election  signed  by  him  and 
authenticated   with  his  seal. 

2245.  Abstract  of  state  and  district  returns.  When  there  has  been  a  general  or 
special  election  for  officers,  or  any  measure  voted  for  by  the  electors  of  the  state  at 
large,  or  by  the  electors  of  two  or  more  counties,  each  county  clerk,  as  soon  as  the 


32  ELECTIONS— CANVASS  OF  RETURNS 

statement  of  the  vote  of  his  county  is  made  out  and  entered  upon  tbe  record  of  the 
board  of  county  canvassers,  as  specified  in  §2242,  must  make  a  certified  abstract 
of  so  much  thereof  as  relates  to  the  votes  given  for  and  against  such  measure  and 
for  persons  for  said  offices  to  be  filled  at  such  elections. 

2246.  Id.  Transmission  to  secretary  of  state.  The  clerk  must  seal  up  such 
abstract,  endorse  it  "election  returns,"  and  without  delay  transmit  it  by  mail,  registered, 
to  the  secretary  of  state, 

2247.  Board  of  state  canvassers,  hovv  composed.  Meeting.  Duties.  Certificate  of 
election.  On  the  fourth  Monday  of  November,  after  the  day  of  election,  at  twelve 
o'clock  noon,  or  in  case  of  special  election,  at  twelve  o'clock  noon  on,  the  day  follow- 
ing the  receipt  by  the  secretary  of  state  of  the  last  of  the  returns  of  such  special  elec- 
tion, the  state  auditor,  state  treasurer,  and  attorney  general,  who  shall  constitute  a 
board  of  state  canvassers,  must  meet  in  the  office  of  the  secretary  of  state  and  com- 
pute and  determine  the  vote  for  officers  or  any  measure  voted  for  by  the  electors  of 
the  state  at  large  or  of  two  or  more  counties;  and  the  secretary  of  state,  who  is 
scretary  of  said  board,  must  make  and  file  in  his  office  a  statement  thereof,  and  must 
immediately  make  and  deliver,  to  the  person  having  the  highest  number  of  votes  given 
for  each  office  to  be  filled  by  such  electors,  a  certificate  of  election  signed  by  the 
secretary  of  state  and  authenticated  by  his  seal.  In  case  a  secretary  of  state  shall 
be  elected  to  succeed  himself,  the  certificate  of  election  shall  be  issued  by  the  board 
of  state  canvassers. 

2248.  Messenger  for  delayed  returns.  Compensation.  If  the  returns  from  all 
counties  have  not  been  received  on  the  fifth  day  before  the  day  designated  for  the 
meeting  of  the  board  of  state  canvassers,  the  secretary  of.  state  must  forthwith  send  a 
messenger  to  the  clerk  of  the  board  of  county  canvassers  of  the  delinquent  county,  and 
such  clerk  must  furnish  the  messenger  with  a  certified  copy  of  the  statement  mentioned 
in  §  2242.  The  person  appointed  is  entitled  to  receive  as  compensation  |4  per  day 
for  the  time  necessarily  consumed  in  such  service,  and  10  cents  for  each  mile  neces- 
sarily traveled.  His  account  therefor,  certified  by  the  secretary  of  state,  after  being 
allowed  by  the  state  board  of  examiners,  must  be  paid  out  of  the  general  fund  of  the 
state  treasury. 

2249.  Defective  returns  not  to  cause  delay.  No  declaration  of  the  result  or 
certificate  must  be  withheld  on  account  of  any  defect  or  informality  in  the  returns  of 
any  election,  if  it  can,  with  reasonable  certainty,  be  ascertained  from  such  returns 
what  office  is  intended  and  who  is  elected  thereto. 


ELECTIONS— PRESIDENTIAL    ELECTORS;    U.    S.    SENATORS  33 


Presidential  Electors 


2250.  Presidential  electors.  At  each  general  election  in  November  next  preceding 
the  choice  of  the  president  and  vice-president  of  the  United  States  of  America,  there 
shall  be  elected  at  large  from  the  state  as  many  electors  of  president  and  vice-president 
of  the  United  States  of  America  as  the  whole  number  of  senators  and  representatives 
to  which  the  state  may  be  entitled  in  congress. 

2251.  Id.  Certificate  af  election.  Notice  of  meeting.  The  certificate  of  election 
for  electors  of  president  and  vice-president  of  the  United  States  of  America  shall  be 
served  upon  each  person  elected,  and  he  shall  at  the  same  time  be  notified  to  attend 
at  the  office  of  the  secretary  of  state,  at  the  capital  of  the  state,  and  to  report  him- 
self to  the  governor  of  this  state  as  in  attendance  at  the  hour  of  twelve  o'clock  noon 
of  the  first  business  day  next  preceding  the  day  upon  which  the  electors  are  required 
by  law  to  meet  and  vote  for  president  and  vice-president  of  the  United  States  of 
America. 

2252.  Id.  Meeting  of  electors  to  fill  vacancies.  The  electors  of  president  and  vice- 
president  so  attending  shall  convene  in  the  office  of  the  secretary  of  state  at  the 
capital  of  the  state,  at  the  hour  of  twelve  o'clock  noon  of  the  day  fixed  in  §  2251,  and 
in  case  there  shall  be  any  vacancy  in  the  office  of  an  elector,  occasioned  by  death, 
refusal  to  act,  neglect  to  attend  by  the  hour  of  twelve  o'clock  noon  of  said  day,  or  on 
account  of  the  ineligibility  of  any  person  elected,  or  from  any  other  cause,  the  qualified 
electors  present  shall  proceed  to  fill  such  vacancy  by  ballot  and  plurality  of  votes,  and 
the  said  electors  so  present  shall  immediately  issue  a  certificate  of  election  signed  by 
those  present,  or  a  majority  of  them,  to  the  person  so  chosen.  In  case  of  a  failure  to 
elect  by  the  said  electors  by  noon  of  the  day  upon  which  they  are  required  by  law  to 
meet  and  vote  for  president  and  vice-president  of  the  United  States  of  America,  the 
governor  shall  fill  the  vacancy  by  appointment;  provided,  that  the  vacancy  shall  be 
filled  from  the  same  political  party  represented  by  the  elector  who  has  occasioned 
such  vacancy. 

2253.  Meeting  of  electors  to  ballot.  The  electors  shall  meet  at  the  office  of  the 
secretary  of  state  at  the  capital  of  the  state,  at  noon  of  the  second  Monday  of  January 
next  after  their  election,  or  at  noon  of  such  other  day  as  the  congress  of  the  UnitJci 
States  of  America  may  designate,  and  shall  proceed  to  the  performance  of  their  duties 
in  conformity  with  the  constitution  and  laws  of  the  United  States  of  America. 

2254.  Electors  not  to  receive  compensation.  The  said  electors  shall  receive  no 
compensation  for  their  services. 


United  States  Senators 


2260.  Election  of  senators.  Term.  At  the  general  election  to  be  held  in  the 
state  of  Utah  in  November,  1916,  there  shall  be  elected  one  United  States  senator  to 
serve  for  a  period  of  six  years,  and  thereafter  in  each  appropriate  year,  at  the  general, 
election  in  such  year,  there  shall  likewise  be  elected  one  United  States  senator  for  a 
period  of  six  years. 

2261.  Manner  of  election.  Canvass  of  returns.  The  manner  of  election  and 
canvassing  of  votes  and  all  other  details  in  respect  to  the  election  herein  provided  for 
shall  be  in  accordance  with  the  election  laws  of  this  state,  so  far  as  the  same  are 
applicable. 

2262.  Vacancy.  Temporary  appointment.  Special  election.  In  every  case  where 
a  vacancy  shall  occur  by  death,  resignation,  or  otherwise,  the  governor  of  the  state 
shall  make  temporary  appointment  of  a  senator  to  serve  until  the  people  fill  the  vacancy 
by  election  as  herein  prescribed,  and  the  governor,  in  the  event  of  a  vacancy,  shall,  by 
proclamation,  order  a  special  election  to  be  held  to  fill  said  vacancy  upon  the  date  of 
the  next  regular  election  to  be  held  in  the  state  of  Utah  for  the  federal  house  of 
representatives. 

2263.  Determination  of  result.  In  every  case  the  person  receiving  the  largest 
number  of  votes  cast  in  said  election  for  any  one  person  shall  be  declared  the  duly 
elected  senator  of  the  United  States  for  the  term  aforesaid. 


34  ELECTIONS— CONGRESSIONAL,    COUNTY    OFFICERS 


Congressional  Districts 


2264.  Two  districts  designated.  The  state  of  Utah  is  hereby  divided  into  two 
districts  for  the  election  of  representatives  in  the  congress  of  the  United  States,  each 
of  which  district  shall  be  entitled  to  one  representative.  Said  representatives  shall  be 
elected  at  the  election  preceding  the  expiration  of  the  terms  of  the  incumbents. 

2265-  District  boundaries.  The  limits  and  designation  of  the  counties  of  each 
district  shall  be  as  follows 

The  counties  of  Beaver,  Box  Elder,  Cache,  Carbon,  Emery,  Garfield,  Grand,  Iron, 
Juab,  Kane,  Millard,  Morgan,  Piute,  Rich,  San  Juan,  Sanpete,  Sevier,  Summit,  Uintah, 
Wasatch,  Washington,  Wayne,  and  Weber  shall  constitute  the  first  district. 

The  counties  of  Davis,  Utah,  Tooele,  and  Salt  Lake  shall  constitute  the  second 
district. 

2266.  Representative  to  congress  elected  biennially.  At  the  general  election  to 
be  held  in  the  year  1898,  and  biennially  thereafter,  there  shall  be  elected  for  each 
congressional  district  one  representative  to  the  congress  of  the  United  States. 


Powers  of  County  Commissioners 

1400x2.  Elections  and  election  districts.  To  establish,  abolish,  and  change  election 
districts,  appoint  inspectors  and  judges  of  election,  canvass  all  election  returns,  except 
as  otherwise  provided  by  law;  declare  the  result,  order  the  county  clerk  to  issue 
certificates  of  election,  and  perform  such  other  duties  in  relation  to  elections  as  are 
or  may  be  prescribed  by  law;  provided,  that  no  precinct  or  election  district  shall 
be  established  or  abolished  or  the  boundaries  of  any  precinct  or  district  changed  within 
ninety  days  prior  to  any  election;  provided,  further,  that  no  election  district  shall 
be  divided  between  two  or  more  precincts  or  municipal  wards. 


County   Officers 


1450.  Eligibility.  No  person  is  eligible  to  a  county,  district,  or  precinct  office, 
who,  at  the  time  of  his  election,  is  not  an  elector  of  the  county,  district,  or  precinct  in 
which  the  duties  of  the  office  are  to  be  exercised. 

1451.  Officers  enumerated.  The  officers  of  a  county  are:  Three  county  com- 
missioners, a  county  treasurer,  a  sheriff,  a  county  clerk,  a  county  auditor,  a  county 
recorder,  a  county  attorney,  a  county  surveyor,  an  assessor,  a  county  superintendent 
of  district  schools,  and  such  other  officers  as  may  be  provided  by  law;  provided,  that 
in  counties  having  an  assessed  valuation  of  less  than  $20,000,000,  the  county  clerk 
shall  be  ex  officio  auditor  of  the  county  and  shall  perform  the  duties  of  such  office  with- 
out extra  compensation  therefor. 

1460.  Election  of  county  and  precinct  officers.  The  elective  county  and  precinct 
officers,  except  otherwise  provided  for  in  this  title,  and  except  justices  of  the  peace 
and  constables  in  cities  having  a  population  of  more  than  fifteen  thousand  (15,000)  and 
less  than  forty  thousand  (40,000)  inhabitants,  shall  be  elected  at  a  general  election 
to  be  held  in  November,  1922,  and  every  four  years  thereafter,  unless  otherwise  pro- 
vided, and  shall  take  office  at  twelve  o'clock  meridian,  on  the  first  Monday  in  January 
next  following  the  date  of  their  election.  Commissioners  and  county  attorneys  shall 
be  elected  as  provided  by  law.  All  officers  elected  under  the  provisions  of  this  title 
shall  hold  office  until  their  successors  are  elected  or  appointed  and  qualified. 

1540.  Every  county  clerk  of  this  state  shall,  on  and  after  July  1,  1907,  and  it  is 
hereby  made  his  duty  so  to  do,  within  ten  days  after  the  issuance  by  such  clerk  of 
any  certificate  or  certificates  of  election  of  elective  county  officers,  excepting  justices 


ELECTIONS— MUNICIPAL  S^ 


of  the  peace  and  constables,  and  after  the  issuance  by  such  clerk  of  any  certificate 
or  certificates  of  appointment  made  by  the  board  of  county  commissioners  of  such 
county  to  fill  vacancies  in  elective  county  offices,  excepting  justices  of  the  peace  and 
constables,  prepare  and  forward  to  the  secretary  of  state  a  certified  statement,  on  a 
suitable  form  to  be  prepared  and  furnished  by  the  secretary  of  state,  of  every  such 
certificate  or  certificates  issued  as  aforesaid.  Every  such  statement  shall  show  the 
name  of  the  county,  the  name  of  the  county  office  to  which  the  person  was  elected  or 
appointed,  the  date  of  the  election  or  appointment  of  such  person,  the  date  of  the 
expiration  of  the  term  for  which  the  person  was  elected  or  appointed,  the  date  of  the 
certificate  of  election  or  appointment,  and  the  date  of  the  qualification  of  the  person  so 
elected  or  appointed. 


Municipal  Elections 


2325.  Primary  elections.  Candidates  to  be  voted  for  at  all  general  municipal 
elections  in  cities  of  the  first  and  the  second  class,  under  the  provisions  of  this 
chapter,  shall  be  nominated  by  a  primary  election,  and  no  other  name  shall  be  placed 
upon  the  general  ballot  except  those  selected  in  the  manner  hereinafter  prescribed. 
The  primary  election  for  such  nomination  shall  be  held  on  the  second  Tuesday  preced- 
ing the  general  municipal  election.  The  judges  of  election  appointed  for  the  general 
municipal  election  shall  be  the  judges  of  the  primary  election,  and  it  shall  be  held  at 
the  same  place,  so  far  as  possible,  and  the  polls  shall  be  opened  and  closed  at  the 
same  hours. 

Any  person  desiring  to  become  a  candidate  for  mayor  or  commissioner  or  auditor 
shall,  at  least  ten  days  prior  to  said  primary  election,  file  with  the  said  recorder  a 
statement  of  such  candidacy,  in  substantially  the  following  form: 

State  of  Utah,  county  of  ...... ,  ss. 

I,  being  first  duly  sworn,  say  that  I  reside  at street, 

city  of ,  county  of ,  state  of  Utah;  that  I  am  a  qualified  voter 

therein;  that  I  am  a  candidate  for  nomination  to  the  office  of _.^ (stating  the 

term)  to  be  voted  upon  at  the  primary  election  to  be  held  on  Tuesday,  the ™_-_  day 

of  October,  19 ,  and  I  hereby  request  that  my  name  be  printed  upon  the  official 

primary  ballot  for  nomination  by  such  primary  election  for  such  office. 

,      (Signed) 

Subscribed  and  sworn  to  (or  affirmed)  before  me  by—.. 

on  this day  of  ™. ,  19 

(Signed) 

(Official  character  of  officer  taking  the  oath.) 

And  shall  at  the  same  time  file  therewith  the  petition  of  at  least  one  hundred  quali- 
fied voters  requesting  such  candidacy.  Each  petition  shall  be  verified  by  one  or 
more  persons  as  to  the  qualifications  and  residence,  with  street  number,  of  each  of 
the  persons  so  signing  the  said  petition,  and  the  said  petition  shall  be  in  substantially* 
the  following  form: 

PETITION  ACCOMPANYING  NOMINATION  STATEMENT. 

The  undersigned,  duly  qualified  electors  of  the  city  of  ,  and  residing 

at  the  places  set  opposite  our  respective  names  hereto,  do  hereby  request  that  the 
name  of  (name  of  candidate)  be  placed  on  the  ballot  as  a  candidate  for  nomination 
for   (name  of  office  and  term),  at  the  primary  election  to  be  held   in  such  city  on 

Tuesday,  the  — —  day  of  October,  19 We  further  state  that  we  know  him 

to  be  a  qualified  elector  of  said  city  and  a  man  of  good  moral  character,  and  qualified,  in 

our  judgment,  for  the  duties  of  such  office. 

Names  of  qualified  electors.  Number.  Streets. 


36  ELECTIONS— MUNICIPAL 


Immediately  upon  the  expiration  of  the  time  of  filing  the  statements  and  petitions 
of  candidates,  the  said  city  recorder  shall  cause  to  be  published  for  three  successive 
days  in  all  the  daily  newspapers  published  in  the  city,  in  proper  form,  the  names  of  the 
persons  as  they  are  to  appear  upon  the  primary  ballot,  and  if  there  be  no  daily  news- 
paper, then  in  two  issues  of  any  other  newspapers  that  may  be  published  in  said  city; 
and  the  said  recorder  shall  thereupon  cause  the  primary  ballots  to  be  printed,  authen- 
ticated with  a  fac  simile  of  his  signature.  Upon  the  said  ballot  the  names  of  the 
candidates  for  mayor,  arranged  alphabetically,  shall  first  be  placed,  with  a  square  at 
the  left  of  each  name,  and  immediately  below  the  words,  "vote  for  one."  Following 
these  names,  likewise  arranged  in  alphabetical  order,  shall  appear  the  names  of  the 
candidates  for  commissioner  for  the  two-year  term,  with  a  square  at  the  left  of 
each  name,  and  below  the  names  of  such  candidates  shall  appear  the  words,   "vote 

for  ,"    (stating  the   number   as   the   case   may   be).     Following   these   names, 

likewise  arranged  in  alphabetical  order,  shall  appear  the  names  of  the  candidates  lor 
commissioner,  for  the  four-year  term,  with  a  square  at  the   left  of  each  name   and 

below  the  names  of  such  candidates  shall  appear  the  words,  "vote  for "  (stating 

the  numbers  as  the  case  may  be).  Following  these  names,  likewise  arranged  in 
alphabetical  order,  shall  appear  the  names  of  the  candidates  for  auditor,  with  a  square 
at  the  left  of  each  name,  and  below  the  names  of  such  candidates  shall"*appear  the 
words,  "vote  for  one." 

The  ballots  shall  be  printed  upon  plain,  substantial  white  paper,  and  shall  be  headed: 

Candidates  for  nomination  for  (state  the  offices  to  be  filled)   of  

city,  at  the  primary  election  

But  shall  have  no  party  designation  or  mark  whatever. 


The  ballots  shall  be  in  substantially  the  following  form;    the  necessary  changes 
to  be  made  to  conform  to  offices  and  terms  to  be  filled: 

(Place  a  cross  in  the  square,  preceding  the  names  of  the  persons  you  favor  as 
candidates  for  the  respective  positions.) 

OFFICIAL   PRIMARY   BALLOT. 

Candidates  for  nomination  for   (state  the  offices  to  be  filled)   of  

city,  at  the  primary  election. 

For  Mayor: 

(Names  of  candidates.) 

Vote  for  one. 

For  Commissioner  for  the  two-year  term: 
(Names  of  candidates.) 

Vote  for 

(State  the  number  to  be  elected  at  the  municipal  election.) 

For  Commissioner  for  the  four-year  term: 
(Names  of  candidates.) 

Vote  for 

(State  the  number  to  be  elected  at  the  municipal  election.) 

For  Auditor: 
(Names  of  candidates.) 
Vote  for  one. 
Official  ballot  attest: 


City  Recorder. 

Having  caused  such  ballots  to  be  printed,  the  said  city  recorder  shall  cause  to  be 
delivered  at  each  polling  place  a  number  of  said  ballots  equal  to  twice  the  number  of 
votes  cast  in  such  voting  district  at  the  last  general  municipal  election  for  mayor. 
The  persons  who  are  qualified  to  vote  at  the  general  municipal  election,  and  who  at 
the  time  of  such  primary  election  are  regisjtered,  shall  be  qualified  to  vote  at  such 
primary  election,  and  challenges  can  be  made  by  not  more  than  two  persons,  to  be 
appointed  at  the  time  of  opening  the  polls  by  the  judges  of  election;  and  the  law 
applicable  to  challenges  at  a  general  municipal  election  shall  be  applijcable  to 
challenges  made  at  such  primary  election.  Judges  of  election  shall  immediately, 
upon  the  closing  of  the  polls,  count  the  ballots  and  ascertain  the  number 
of  votes  cast  in  such  district  for  each  of  the  candidates,  and  make  return  thereof 
to  the  city  recorder  within  twenty  hours  of  the  closing  of  the  polls,  upon  proper  blanks 


ELECTIONS— MUNICIPAL  37 


to  be  furnished  by  the  said  recorder.  On  the  day  following  the  said  primary  election, 
the  said  city  recorder  shall  canvass  said  returns  so  received  from  all  the  polling 
districts,  and  shall  make  and  publish  in  all  the  daily  newspapers  of  said  city,  at  least 
once,  the  result  thereof.  Said  canvass  by  the  city  recorder  shall  be  publicly  made. 
The  two  candidates  receiving  the  highest  number  of  votes  for  mayor  shall  be  the 
candidates,  and  the  only  candidates,  whose  names  shall  be  placed  upon  the  balltt 
for  mayor  at  the  next  succeeding  general  municipal  election;  in  cities  of  the  first 
class  the  four  candidates  receiving  the  highest  number  of  votes  for  commissioners 
shall  be  the  candidates,  and  the  only  candidates,  whose  names  shall  be  placed  upon 
the  ballot  for  commissioners  at  such  municipal  election;  provided,  that  at  the  next 
general  municipal  election  held  in  cities  of  the  first  class,  after  taking  effect  of  this 
chapter,  the  four  candidates  receiving  the  highest  number  of  votes  for  commissioners 
for  the  four-year  term  and  the  two-year  term  respectively  shall  be  the  candidates,  and 
the  only  candidates,  whose  names  shall  be  placed  upon  the  ballot  for  commissioners 
at  said  next  municipal  election,  and  the  two  candidates  receiving  the  highest  number 
of  votes  for  auditor  shall  be  the  candidates,  and  the  only  candidates,  whose  names  shall 
be  placed  upon  the  ballot  for  auditor.  In  cities  of  the  second  class  the  two  candidates 
receiving  the  highest  number  of  votes  for  mayor  shall  be  the  candidates,  and  the  only 
candidates,  whose  names  shall  be  placed  upon  the  ballot  for  mayor  at  the  next  suc- 
ce£ding  general  municipal  election,  and  the  two  candidates  receiving  the  highest 
number  of  votes  for  commissioner  for  the  two-year  term,  and  the  two  candidates 
receiving  the  highest  number  of  votes  for  commissioner  for  the  four-year  term,  shall 
be  the  candidates,  and  the  only  candidates,  whose  names  shall  be  placed  upon  the 
ballot  for  commissioner  at  such  municipal  election,  and  the  two  candidates  receiving  the 
highest  number  of  votes  for  auditor  shall  be  the  candidates,  and  the  only  candidates. 
The  ballot  at  the  municipal  election  shall  be  in  substantially  the  same  form  as  the 
primary  ballot. 

All  electors  of  cities  under  this  chapter  who,  by  the  laws  governing  cities  of  the 
first  and  the  second  class,  would  be  entitled  to  vote  for  the  election  of  officers  at 
any  general  municipal  election  in  such  cities,  shall  be  qualified  to  vote  at  all  elections 
under  this  chapter;  and  the  ballot  at  such  general  municipal  election,  so  far  as  applic- 
able, and  in  all  elections  in  such  city,  the  election  precincts,  voting  places,  method  of 
conducting  election,  canvassing  the  votes,  announcing  the  results,  shall  be  the  same 
as  by  law  provided  for  election  of  officers  in  such  cities,  so  far  as  the  same  are 
applicable  and  not  inconsistent  with  the  provisions  of  this  chapter. 

2330.  Election.  Terms.  On  the  Tuesday  next  following  the  first  Monday  in 
November,  1917,  and  biennially  thereafter,  there  shall  be  held  in  each  incorporated 
city  and  town  of  this  state  an  election  to  fill  all  elective  offices  to  be  vacated  in 
said  city  or  town  at  12  o'clock  meridian  on  the  first  Monday  of  January,  1918.  Such 
elected  officers  shall  continue  in  office  for  two  years,  unless  otherwise  provided,  and 
until  their  successors  are  elected  and  qualified.  In  cities  of  the  first  class,  the  election 
and  terms  of  office  of  the  officers  shall  be  as  follows  In  the  year  1917  there  shall  be 
elected  at  large  in  said  cities  of  the  first  class  two  commissioners  and  an  auditor,  who 
shall  be  elected  for  a  term  of  four  years,  and  quadrennially  thereafter.  In  the  year 
1919  there  shall  be  elected  at  large  in  said  cities  of  the  first  class  a  mayor  and  two 
commissioners  for  a  term  of  four  years,  and  quadrennially  thereafter;  provided,  that 
in  cities  of  the  second  class  the  election  and  term  of  office  of  the  officers  shall  be 
as  follows:  In  the  year  1917  there  shall  be  elected  at  large  in  cities  of  the  second 
class  a  mayor  and  an  auditor  for  a  term  of  two  years  each,  and  one  commissioner  for  a 
term  of  four  years;  and  biennially  thereafter  there  shall  be  elected  a  mayor,  an 
auditor,  and  one  commissioner,  the  mayor  and  auditor  for  the  term  of  two  years 
each,  and  such  commissioner  for  a  term  of  four  years.  The  officers  elected  shall  enter 
upon  their  duties  at  12  o'clock  meridian  on  the  first  Monday  in  January  next  succeeding 
their  election.  In  cities  of  the  third  class  there  shall  be  elected  in  the  year  1917  four 
councilmen  at  large,  three  of  whom  shall  be  for  a  term  of  two  years  and  one  for  a  term 
of  four  years,  and  biennially  thereafter  there  shall  be  elected  three  for  a  term  of  two 
years  and  one  for  a  term  of  four  years.  The  municipal  officers  herein  provided  shall 
continue  in  office  for  their  respective  terms  to  which  they  are  elected,  as  provided  in 
this  chapter,  and  until  their  successors  shall  be  elected  and  qualified. 

2331.  Appointive  officers  iiold  till  successors  qualify.  All  appointive  officers  in 
said  cities  and  towns  shall  hold  their  respective  offices  until  their  successors  shall  be 
appointed  and  qualified. 

2332.  Qualifications  for  voters  at  municipal  elections.  All  qualified  electors  of 
the  state  who  have  resided  in  the  county  four  months,  and  in  the  precinct  and  city 


38  ELECTIONS— MUNICIPAL 


or  town  for  sixty  days  next  preceding  any  municipal  election  are  entitled  to  vote  at 
such  election. 

2333.  Appointment  of  judges.  Voting  places.  Laws  governing.  In  all  municipal 
elections  the  city  council  and  board  of  trustees  of  the  town  shall  appoint  judges  of 
election  and  designate  the  places  of  voting.  There  must  be  at  least  one  voting  place 
in  each  election  district  in  cities,  at  any  regular  election.  At  special  elections  for  any 
purpose  there  shall  be  at  least  one  voting  place  in  each  municipal  ward.  All  elections 
must  be  conducted  according  to  the  general  laws  of  the  state,  and  all  notices  ana  lists 
of  names  required  to  be  posted  by  registry  agents  prior  to  any  general  election  shall 
also  be  posted  by  the  registry  agents  prior  to  any  municipal  election,  the  necessary 
changes  being  made  as  to  time  of  posting  same. 

2334.  Canvass  of  returns  and  issue  of  certificate.  Tie  votes.  On  the  Monday  fol- 
lowing any  election,  the  city  council  or  the  board  of  trustees  of  the  town  must 
convene  and  publicly  canvass  the  result,  and  issue  certificates  of  election  to  each  per- 
son elected  by  a  plurality  of  votes.  When  two  or  more  persons  have  received  an 
equal  and  highest  number  of  votes  for  any  one  of  the  offices  voted  for,  the  tie  shall 
be  decided  by  lot  in  the  presence  of  the  mayor  and  city  recorder,  or  the  president 
of  the  board  of  trustees  and  the  town  clerk,  as  the  case  may  be,  upon  a  day  designated 
by  the  mayor  or  by  the  president  of  the  board  of  trustees. 

600.  Certain  city  officers  to  be  elected.  Appointive  officers.  In  all  cities  of  the 
state,  except  cities  of  the  first  and  the  second  class,  there  shall  be  elected,  in  addition 
to  the  mayor  and  city  councilmen,  a  city  recorder  and  a  city  treasurer;  provided,  that 
in  cities  of  the  third  class,  the  city  recorder  shall  be  ex  officio  city  auditor,  and 
shall  perform  the  duties  of  such  office  without  extra  compensation  therefor;  provided, 
further,  in  cities  of  the  third  class  a  city  marshal  and  a  city  justice  of  thei  peace 
shall  be  appointed  by  the  mayor,  subject  to  the  confirmation  of  the  city  council,  on 
or  before  the  first  Monday  of  February  following  a  municipal  election,  wnose  lerm 
of  office  shall  be  for  two  years,  or  until  removed  for  cause;  provided,  further,  that  in 
cities  having  a  population  of  over  15,000  the  office  of  city  justice  of  the  peace  is  hereby 
abolished,  and  no  election  for  said  office  shall  be  held.  In  all  cities  of  the  first  class 
in  this  state  there  shall  be  elected  at  large  a  mayor  and  four  commissioners,  who  shall 
constitute  the  board  of  commissioners  of  the  city  for  which  they  are  elected,  and 
there  shall  also  be  elected  a  city  auditor.  In  all  cities  of  the  second  class  in  this 
state  there  shall  be  elected  at  large  a  mayor  and  two  commissioners,  who  shall  con- 
stitute the  board  of  commissioners  of  the  city  for  which  they  are  elected,  and  there 
shall  also  be  elected  a  city  auditor.  In  cities  of  the  first  and  the  second  class,  the 
offices  of  mayor  and  city  councilmen  as  now  provided  by  law  are  hereby  abolished, 
and  no  election  shall  be  held  for  said  offices,  nor  shall  any  election  be  held  for  the 
office  of  city  recorder,  city  treasurer,  or  city  attorney,  and  the  terms  of  said  respective 
officers  of  said  cities  of  the  first  and  the  second  class  shall  terminate  and  cease  on 
the  first  Monday  in  January,  1912,  at  12  o'clock  meridian.  All  elective  officers  shall 
hold  their  respective  offices  for  the  term  for  which  they  are  elected,  and  until  their 
successors  are  elected  and  qualified.  Every  elective  officer  of  cities  of  the  first  and  the 
second,  class  shall,  within  thirty  days  after  qualifying,  file  with  the  city  recorder,  and 
publish  at  least  once  in  a  daily  newspaper  of  general  circulatifonl  within  the  city,  the 
sworn  statement  of  all  of  his  election  and  campaign  expenses,  and  by  whom  such  funds 
were  contributed.  Upon  failure  so  to  do,  the  office  of  said  officer  shall  become  vacant, 
and  he  shall,  upon  failure  so  to  do,  be  guilty  of  a  misdemeanor. 

1700.  Court  and  office  created.  In  all  cities  of  this  state  having  a  population  of 
more  than   7,500   inhabitants   there  is   hereby   created   a   court   to   be   known  as   the 

city  court  of  (naming  the  city),  and  there  is  also  created  the  office  of 

city  judge,  whose  election,  qualification,  duties  and  terms  of  office  shall  be  as  here- 
inafter provided. 

1701.  Number  of  judges.  Terms.  Powers.  Elections.  Consolidation.  Justices 
of  the  peace.  At  the  general  election  to  be  held  on  the  Tuesday  following  the  first 
Monday  of  November,  1920,  and  quadriennially  thereafter,  there  shall  be  elected,  in 
cities  having  a  population  of  more  than  50,000,  four  judges,  and  in  cities  having  a 
population  of  more  than  7,500  but  less  than  50,000,  one  judge,  to  be  known  as  judges 
of  the  city  court,  whose  term  of  office  shall  be  four  years  beginning  at  12  o'clock  noon 
on  the  first  Monday  of  January  succeeding  their  election,  and  to  hold  office  for  the 
period  of  four  years,  and  until  their  successors  are  elected  and  qualified,  as  hereinafter 
stated.  The  said  judges  shall  be  elected  by  the  qualified  electors  of  the  respective 
cities,  and  under  the  laws  and  regulations  governing  general  elections;  provided,  that 


ELECTIONS— BOARDS  OF  EDUCATION  39 


upon  the  taking  effect  of  this  act  the  city  courts,  municipal  courts,  the  offices  of  city 
justices  of  the  peace,  and  justice  courts  in  all  cities  where  city  courts  are  hereby 
created  shall  be  united  and  shall  constitute  the  city  court  of  such  cities,  the  judges  of 
which  shall  be  ex  officio  justices  of  the  peace  in  such  cities  and  shall  have  and  exer- 
cise the  same  jurisdiction  as  is  provided  by  law  for  justices  of  the  peace  throughout 
the  state,  the  municipal  judge  in  cities  having  municipal  courts  and  the  justices  of  the 
peace  in  cities  having  a  population  of  over  50,000  now  holding  office  shall  become  the 
city  court  judges  respectively,  and  shall  retain  such  offices  until  the  first  Monday  in 
January,  1921,  or  until  their  successors  are  duly  elected  and  qualified  as  provided 
herein,  and  shall  have  the  same  jurisdiction,  powers  and  duties  as  judges  of  city  courts 
and  shall  be  paid  the  same  salaries;  provided,  that  in  all  other  cities  where  city 
courts  are  herein  created,  the  mayor,  by  and  with  the  consent  of  the  city  commis- 
sioners, shall  appoint  a  city  judge  to  hold  office  until  his  successor  is  duly  elected 
and  qualified. 

1702.  Qualifications  for  judge.  No  person  shall  be  eligible  to  the  office  of  judge 
of  the  city  court  who  at  the  time  of  his  election,  is  not  a  qualified  elector  and  a  bona 
fide  resident  of  the  city,  for  which  he  may  be  elected,  nor  shall  any  person  be  eligible 
to  said  office  who  has  not  been  admitted  to  practice  in,  and  is  not  in  good  standing 
in,  the  supreme  court  of  this  state. 


Boards  of  Education — Election 

4599.  Board  of  education,  how  constituted.  The  board  of  education  of  each 
county  school  district  of  the  first  class  shall  consist  of  five  members;  one  to  be 
elected  from  and  by  each  of  the  representative  precincts  within  said  county  school 
district.  The  board  of  county  commissioners  in  which  such  county  school  district  is 
located  shall,  before  June  15,  1915,  divide  the  same  into  five  representative  precincts 
for  school  purposes  and  at  the  election  in  December,  1916,  members  of  the  board  of 
education  shall  be  elected  in  accordance  with  such  redistricting. 

ELECTION  OF  BOARD. 

4600.  Members  of  board,  how  elected.  Must  qualify.  There  shall  be  elected  In 
the  county  school  districts  of  the  first  class,  on  the  first  Wednesday  in  December, 
1908,  one  member  of  the  board  from  each  odd  numbered  school  representative  precinct 
or  district  for  a  term  of  two  years,  and  at  the  same  time  one  member  of  the  board 
from"  each  even  numbered  school  representative  precinct  or  district  for  a  term  of  four 
years.  On  the  first  Wednesday  in  December,  1910,  and  every  four  years  thereafter, 
there  shall  be  elected  one  member  of  the  board  from  each  odd  numbered  school  repre- 
sentative precinct  or  district  for  a  term  of  four  years,  and  on  the  first  Wednesday  in 
December,  1912,  and  every  four  years  thereafter,  one  member  of  the  board  from  each 
even  numbered  school  representative  precinct  or  district  for  a  term  of  four  years. 
Where  any  county  school  district  of  the  first  class  exists  or  may  be  created,  the  board 
of  county  commissioners  shall  appoint  the  members  of  the  board  of  education,  to 
serve  until  the  next  election  provided  for  in  this  section,  and  until  their  successors  are 
duly  elected  and  qualified;  provided,  that  where  there  have  been  designated  three 
trustees  for  the  entire  district,  each  on  being  from  a  school  representative  precinct, 
then  these  are  constituted  members  of  the  board  of  educati^on  until  the  next  election, 
and  the  board  of  county  commissioners  shall  appoint  two  other  members,  one  from 
each  unrepresented  representative  precinct;  but  where  two  or  more  trustees  are  from 
one  school  representative  precinct,  the  board  of  county  commissioners  shall  designate 
the  member  of  the  board  of  education.  Members  of  the  board  of  education  in  a 
county  school  district  of  the  first  class  shall  qualify  by  taking  and  subscribing  the 
constitutional  oath  of  office,  and  giving  bonds  to  the  district  in  which  they  reside  in 
such  sum  and  with  such  sureties  as  the  board  of  county  commissioners  may  require  and 
approve,  conditioned  for  the  faithful  discharge  of  the  duties  of  their  office,  the  oath 
of  office  and  bonds  to  be  filed  with  the  county  clerk. 

4601.  Must  qualify,  when.  Members  of  the  board  of  education  shall  qualify  pre- 
vious to,  and  take  their  seats  at,  the  first  regular  meeting  in  January  next  after  their 
election,  and  shall  serve  until  their  successors  are  duly  elected  and  qualified. 

4602.  Elections,  conduct  candidates.  Duty  of  board  of  education.  Elections  for 
members  of  the  board  shall  be  called  and  conducted,  and  the  canvass  of  returns  shall 


40 ELECTIONS— BOARDS  OF  EDXTCATION 

be  made,  and  the  qualification  of  electors  shall  be  as  provided  in  the  general  registra- 
tion and  election  laws,  except  as  in  this  section  hereinafter  provided.  There  must  be 
at  least  one  voting  place  in  each  school  representative  precinct.  It  shall  be  neces- 
sary for  each  candidate,  or  at  least  five  citizens  in  behalf  of  the  candidate,  to  file 
v?ith  the  clerk  of  the  board  of  education  not  less  than  fifteen  days  next  preceding  the 
day  of  the  election,  a  signed  statement  announcing  that  he  or  she  is  a  candidate,  and 
said  clerk  shall  immediately  thereafter  furnish  a  list  of  said  candidates  to  any  citizen 
who  may  call  upon  him  for  the  same.  Appointments  of  judges  of  election  shall  be 
made  by  the  board  of  education  at  any  convenient  time  prior  to  the  day  of  election. 
The  board  of  education  shall  furnish  the  judges  of  election  at  every  polling  place  with 
a  sufficient  number  of  official  ballots  for  election  purposes  and  shall  pay  all  other 
lawful  and  necessary  expenses  of  the  election.  The  election  shall  in  all  other  respects 
be  conducted  in  accordance  with  the  general  election  laws  of  the  state.  The  board  of 
education  shall  exercise  all  such  powers  relative  to  school  elections  in  their  respective 
districts  as  are  conferred  upon  the  board  of  county  commissioners  in  other  elections, 
so  far  as  comfortable  with  this  chapter. 

4603.  Must  reside  in  precinct.  Vacancies.  Every  member  of  the  board  of  educa- 
tion in  county  school  districts  of  the  first  class  shall  be  and  remain  a,  resident, 
qualified,  registered  voter  in  the  school  representative  precinct  from  which  he  is 
elected  or  appointed;  and  the  board  of  education  :-s  hereby  required  to  fill  any  vacancy 
that  may  occur  through  non-residence  or  any  other  cause,  until  the  next  election  of  a 
member  of  the  board  in  the  precinct  where  such  vacancy  has  occurred. 

4650.  Registration  lists  to  be  furnished.  It  shall  be  the  duty  of  the  county  clerk 
to  furnish  to  boards  of  education  in  county  school  districts  of  the  first  class,  at 
least  five  days  previous  to  the  day  of  election  for  members  of  the  said  board,  a  certified 
copy  of  the  registration  list,  showing  the  names  of  all  registered  voters  residing  in 
the  election  district  covered  by  such  school  districts. 

4662.  Membership  of  board  of  education.  The  board  of  education  of  cities  of  the 
first  class  shall  consist  of  ten  members,  two  to  be  elected  from  and  by  each  municipal 
ward;  and,  of  cities  of  the  second  class,  shall  consist  of  five  members,  one  to  be 
elected  from  and  by  each  municipal  ward. 

4663.  Election  of  members  of  board  in  cities  of  the  first  class.  There  shall  be 
elected  in  cities  of  the  first  class,  on  the  first  "Wednesday  of  December,  1897,  two 
members  of  the  board  from  each  municipal  ward,  one  for  the  term  of  one  year, 
and  one  for  the  term  of  three  years;  and  in  1898,  and  biennially  thereafter,  on  the 
first  Wednesday  of  December,  one  member  from  each  municipal  ward  for  the  term  of 
four  years. 

4664.  Election  of  members  of  board  in  cities  of  the  second  class.  There  shall  be 
elected  in  cities  of  the  second  class,  on  the  first  "Wednesday  of  December,  1916,  one 
member  of  the  board  of  education  from  the  first  municipal  ward  for  a  term  of  one 
year;  one  member  from  the  second  municipal  ward  for  a  term  of  two  years;  one 
member  from  the  third  municipal  ward  for  a  term  of  three  years;  one  member  from 
the  fourth  municipal  ward  for  a  term  of  four  years;  one  member  from  the  fifth 
municipal  ward  for  a  term  of  five  years,  and  thereafter  there  shall  be  elected  annually 
on  the  first  Wednesday  in  December  for  the  term  of  five  years,  a  member  from  the 
ward  in  which  the  term  of  a  member  expires. 

4666.  Election  of  boards  in  city  school  districts.  Candidates.  Procedure.  Elections 
for  members  of  the  board  shall  be  called  and  conducted,  and  the  canvass  of  returns  shall 
be  made,  and  the  qualifications  of  electors  shall  be  as  provided  in  the  general  regis- 
tration and  election  laws,  except  as  In  this  section  hereinafter  provided.  There 
must  be  at  least  one  voting  place  in  each  municipal  ward.  It  shall  be  necessary  for  each 
candidate,  or  at  least  five  citizens  in  behalf  of  the  candidate,  to  file  with  the  clerk 
of  the  board  of  education  not  less  than  fifteen  days  next  preceding  the  date  of  elec- 
tion, a  signed  statement  announcing  that  he  or  she  is  a  candidate,  and  said  clerk 
shall  immediately  thereafter  furnish  a  list  of  said  candidates  to  any  citizen  who  may 
call  upon  him  for  the  same.  Appointments  of  judges  of  election  shall  be  made  by  the 
board  of  education  at  any  convenient  time  prior  to  the  day  of  election.  The  board 
of  education  shall  furnish  the  judges  of  election  at  every  polling  place  with  a  sufficient 
number  of  official  ballots  for  election  purposes  and  shall  pay  all  other  laAvful  and 
necessary  expenses  of  the  election.  The  election  shall  in  all  other  respects  be  con- 
ducted in  accordance  with  the  general  election  laws  of  the  state.  The  board  of  educa- 
tion shall  exercise  all  such  powers  relative  to  school  elections  in  their  respective  cities 
as  are  conferred  upon  the  board  of  county  commissioners  in  other  elections,  so  far 
as  conformable  with  this  chapter. 


ELECTIONS— OFFENSES  41 


Election  Offenses 

2335.  Offering  or  giving  bribe.  Promising  employment,  etc.  It  fehall  be  unlawful 
for  any  person,  directly  or  indirectly,  by  himself  or  through  any  other  person: 

1.  To  pay,  loan,  or  contribute,  or  offer  or  promise  to  pay,  loan,  or  contribute 
any  money  or  other  valuable  consideration  to  or  for  any  voter,  or  to  or  for  any  other 
person  to  induce  such  voter  to  vote  or  refrain  from  voting  at  any  election  provided 
by  law,  or  to  induce  any  voter  to  vote  or  refrain  from  voting  at  such  election  for  any 
particular  person  or  persons,  or  to  induce  such  voter  to  go  to  the  polls  or  remain 
away  from  the  polls  at  such  election,  or  on  account  of  such  voter  having  voted  or 
refrained  from  voting  for  any  particular  person,  or  having  gone  to  the  polls  or  remained 
away  from  the  polls  at  such  election;  ^ 

2.  To  give,  offer,  or  promise  any  office,  place,  or  employment,  or  to  promise 
or  procure,  or  endeavor  to  procure  any  office,  place,  or  employment  to  or  for  any 
voter,  or  to  or  for  any  other  person,  in  order  to  induce  such  voter  to  vote  or  refrain 
from  voting  at  any  election  provided  by  law,  or  to  induce  any  voter  to  vote  or  refrain 
from  voting  at  such  election  for  any  particular  person  or  persons,  or  to  obtain  the 
political  support  or  aid  of  any  such  person  or  persons; 

3.  To  advance  or  pay,  or  cause  to  be  paid,  any  money  or  other  valuable  thing 
to  or  for  the  use  of  any  other  person,  with  the  intent  that  the  same,  or  any  part 
thereof,  shall  be  used  in  bribery  at  any  election  provided  by  law,  or  to  knowingly  pay 
or  cause  to  be  paid  any  money  or  other  valuable  thing  to  any  persons  in  discharge  or 
repayment  of  any  money,  wholly  or  in  part  expended  in  bribery  at  any  such  election. 

2336.  Receiving  bribe,  employment,  etc.  It  shall  be  unlawful  for  any  person, 
directly  or  indirectly,  by  himself  or  through  any  person: 

1.  To  receive,  agree,  or  contract  for,  before  or  during  an  election  provided  by 
law,  any  money,  gift,  loan,  or  other  valuable  consideration,  office,  place,  or  employ- 
ment, for  himself  or  any  other  person,  for  voting  or  agreeing  to  vote,  or  for  going  or 
agreeing  to  go  to  the  polls,  or  for  remaining  or  agreeing  to  remain  away  from  the 
polls,  or  for  refraining  or  agreeing  to  refrain  from  voting,  or  for  voting  or  agreeing  to 
vote,  or  refraining  or  agreeing  to  refrain  from  voting  for  any  particular  person  or  per- 
sons, measure  or  measures,  at  any  election  provided  by  law; 

2.  To  receive  any  money  or  other  valuable  thing  during  or  after  an  election  pro- 
vided by  law,  on  account  of  himself  or  any  other  person,  for  voting  or  refraining 
from  voting  for  any  particular  person  at  such  election,  or  on  account  of  himself  or  any 
other  person  for  going  to  the  polls  or  remaining  away  from  the  polls  at  such  election, 
or  on  account  of  having  induced  any  person  to  vote  or  refrain  from  voting,  or  to  vote 
or  refrain  from  voting  for  any  particular  person  or  persons,  measure  or  measures  at 
such  election. 

2337-     Fraud,  interference,  riotous  conduct,  destruction  of  ballots,  etc.,  at  election. 

Every  person  not  entitled  to  vote  who  fraudulently  votes,  and  every  person  who 
votes  more  than  once,  at  any  one  election,  or  knowingly  hands  in  two  or  more  ballots 
folded  together,  or  changes  any  ballot  after  the  same  has  been  deposited  in  the  ballot 
box,  or  adds  or  attempts  to  add  any  ballot  to  those  legally  polled  at  any  election,  either 
by  fraudulently  introducing  the  same  into  the  ballot  box  before  or  after  the  ballots 
therein  have  been  counted;  or  adds  to  or  mixes  with,  or  attempts  to  add  to  or  mix 
with,  the  ballots  lawfully  polled,  other  ballots,  while  the  same  are  being  counted  or 
canvassed,  or  at  any  other  time,  or  wilfully  detains,  mutilates,  or  destroys  any  election 
returns  or  in  any  manner  so  interferes  with  the  officers  holding  such  election,  or 
conducting  such  canvass,  or  with  the  voters  lawfully  exercising  their  rights  of  voting 
at  such  election,  as  to  prevent  such  election  or  canvass  from  being  fairly  held  or 
lawfully  conducted,  or  who  shall  be  guilty  of  riotous  conduct  at  any  election  or  shall 
interfere  in  any  manner  with  any  officer  of  such  election  in  the  discharge  of  his 
duties,  or  who  shall  induce  any  officer  of  any  election,  or  officer  whose  duty  it  is  to 
ascertain,  announce,  or  declare  the  result  of  any  such  election,  or  to  give  or  make 
any  certificate,  document,  or  evidence  in  relation  thereto,  to  violate  or  refuse  to  comply 
with  his  duty,  ir  any  law  regulating  the  same,  or  who  shall  take,  carry  away,  conceal, 
remove,  or  destroy  any  ballot,  poll  book,  or  other  thing  from  the  polling  place,  or 
from  the  possession  of  the  person  or  persons  authorized  by  law  to  have  the  custody 
thereof;  or  who  aids,  counsels,  provides,  or  procures,  advises,  or  assists  any  person  or 
persons  to  do  any  of  the  acts  aforesaid,  shall  be  guilty  of  a  crime,  and  shall  be  pun- 
ished as  hereinafter  provided. 


42 ELEX^TIONS— OFFENSES 

2338.  Penalties  under  preceding  sections.  Any  person  convicted  of  any  of  the 
crimes  or  offenses  mentioned  in  §§  2335-2337  shall  be  punished  by  a  fine  of  not  more 
than  $1000,  or  by  imprisonment  in  the  state  prison  for  not  more  than  five  years,  or  by 
both  fine  and  imprisonment. 

2339.  Fraudulent  registration.  Penalty.  Every  person  who  wilfully  causes,  pro- 
cures, or  allows  himself  to  be  registered,  knowing  himself  not  to  be  entitled  to  such 
registration;  and  every  person  who  wilfully  causes,  procures,  advises,  encourages,  or 
assists  any  other  person  to  be  registered,  knowing  or  believing  such  person  not  to 
be  entitled  to  such  registration,  is  punishable  by  fine  not  exceeding  |1000,  or  by 
imprisonment  in  the  state  prison  not  exceeding  one  year,  or  by  both. 

2340.  Intimidating  or  obstructing  voter.  Influencing  employe's  vote.  It  shall  be 
unlawful  for  any  person,  directly  or  indirectly,  by  himself  or  any  other  person  in 
his  behalf,  to  make  use  of  any  force,  violence,  or  restraint,  or  to  inflict  or  threaten 
the  infliction  by  himself  or  through  any  other  person,  of  an  injury,  damage,  harm, 
or  loss,  or  in  any  manner  to  practice  intimidation  upon  or  against  any  person  in 
order  to  induce  or  compel  such  person  to  vote  or  refrain  from  voting  for  any  particular 
person  or  persons,  measure  or  measures,  at  any  electioii  provided  by  law,  or  on 
account  of  such  person  having  voted  or  refrained  from  voting  at  any  such  election. 
And  it  shall  be  unlawful  for  any  person,  by  abduction,  duress,  or  any  forcible  or 
fraudulent  device  or  contrivance  whatever,  to  impede,  prevent,  or  otherwise  interfere 
with"  the  free  exercise  of  the  elective  franchise  of  any  voter,  either  to  give  or  refrain 
from  giving  his  vote  at  any  such  election,  or  to  give  or  refrain  from  giving  his  vote 
for  any  particular  person  at  any  such  election.  It  shall  be  unlawful  for  any  employer, 
either  corporation,  association,  company,  firm,  or  person  in  paying  its,  their,  or  his 
employes  the  salary  or  wages  due  them,  to  inclose  their  pay  in  "pay  envelopes"  on 
which  there  is  written  or  printed  any  political  mottoes,  devices,  or  arguments,  con- 
taining threats,  express  or  implied,  intended  or  calculated  to  influence  the  political 
opinion,  views,  or  action  of  such  employes.  Nor  shall  it  be  lawful  for  any  employer, 
either  corporation,  association,  company,  firm,  or  person,  within  ninety  days  of  any 
election  provided  by  law,  to  put  up  or  otherwise  exhibit  in  its,  their,  or  his  factory, 
workshop,  mine,  mill,  boarding  house,  office,  or  other  establishment  or  place  where  its, 
their,  or  his  employes  may  be  working  or  be  present  in  the  course  of  such  employment, 
any  hand  bill,  notice,  or  placard,  containing  any  threat,  notice,  or  information,  that  in 
case  any  particular  ticket  or  candidate  shall  or  shall  not  be  elected,  work  in  its,  their, 
or  his  establishment  shall  cease  in  whole  or  in  part,  or  its,  their,  or  his  establishment 
be  closed,  or  the  wages  of  its,  their,  or  his  workmen  be  reduced;  or  other  threats, 
expressed-  or  implied,  intended  or  calculated  to  infiuence  the  political  opinions  or 
actions  of  its,  their,  or  his  employes.  Any  person  or  persons,  or  corporation  violating 
any  of  the  provisions  of  this  section  shall  be  deemed  guilty  of  a  misdemeanor,  and 
any  person,  whether  acting  in  his  individual  capacity  or  as  an  officer  or  agent  of  any 
'corporation,  so  guilty  of  such  misdemeanor,  shall  be  punished  as  hereinafter  pres- 
cribed. 

2341.  Influencing  vote  of  employe.  It  shall  be  unlawful  for  any  corporation  or 
any  officer  or  agent  of  any  corporation  to  influence  or  attempt  to  influence,  by  force, 
violence,  or  restraint,  or  by  inflicting  or  threatening  to  inflict  any  injury,  damage, 
harm,  or  loss,  or  by  discharging  from  employment  or  promoting  in  employment,  or 
by  intimidation,  or  otherwise  in  any  manner  whatever  to  induce  or  compel  any 
employe  to  vote  or  refrain  from  voting  at  any  election  provided  by  law,  or  to  vote 
or  refrain  from  voting  for  any  particular  person  or  persons,  measure  or  measures,  at 
any  such  election.  Any  such  corporation,  or  any  officer  or  agent  of  such  corporation, 
violating  any  of  the  provisions  of  this  section  shall  be  deemed  guilty  of  a  misdemeanor 
and  be  subject  to  the  penalty  hereinafter  provided,  and  in  addition  thereto,  any 
corporation  violating  this  section  shall  forfeit  its  charter  and  right  to  do  business 
in  this  state. 

2342.  Forging  election  returns.  Fraud,  Every  person  who  forges  or  counterfeits 
any  return  of  any  election  purporting  to  have  been  held  at  any  district  in  this  state, 
where  no  election  was  in  fact  held,  or  wilfully  substitutes  any  forged  or  counterfeit 
return  of  election  in  the  place  of  the  true  return  for  a  district  where  any  election  was 
actually  held,  or  who  shall  in  aiiy  manner  do  or  cause  any  fraud  in  any  election,  is 
punishable  by  imprisonment  in  the  state  prison  for  a  term  of  not  less  than  two  nor 
more  than  ten  years. 

2343.  Altering  returns.  Every  person  who  wilfully  adds  to  or  subtracts  from 
the  votes  actually  cast  at  an  election,  in  any  returns,  or  who  alters  such  returns,  is 


ELECTIONS— OFFENSES  4S 


punishable  by  imprisonment  in  the  state  prison  for  not  less  than  one  nor  more  than 
Ave  years. 

2344.  Abetting  in  forging,  or  altering  returns.  Every  person  who  wilfully  aids 
or  abets  in  the  commission  of  any  of  the  offenses  mentioned  in  the  two  next  preceding 
sections,  is  punishable  by  imprisonment  in  the  state  prison  for  a  period  not  exceed- 
ing two   years. 

2345.  Exposing  ballot.  Interfering  witli  voter  at  poll,  etc.  A  voter  who  shall, 
except  as  in  §§  2180-2193  otherwise  provided,  allow  his  ballot  to  be  seen  by  any 
other  person,  with  an  apparent  intention  of  letting  it  be  known  how  he  is  about 
to  vote,  or  who  shall  make  a  false  statement  as  to  his  inability  to  mark  his  ballot,  or 
any  person  who  shall  interfere,  or  attempt  to  interfere,  with  any  person  when  inside 
said  inclosed  space,  or  when  marking  a  ballot,  or  who  shall  endeavor  to  induce  any 
such  voter  to  vote  or  to  show  how  he  marked  his  ballot,  shall  be  punished  by  a  fine 
of  not  less  than  $5  nor  more  than  $100.  Any  election  judge  or  clerk  shall  report  any 
person  doing  so  to  the  county  attorney  for  the  county  in  which  the  election  is  held, 
whose  duty  it  shall  be  to  see  that  the  offender  is  forthwith  prosecuted  before  the  proper 
court. 

2346.  Destroying  instruction  cards,  supplies,  etc.  Any  person  who  shall,  prior 
to  an  election,  wilfully  deface  or  destroy  any  list  of  candidates  posted  In  accordance 
with  the  provisions  of  this  title,  or  who,  during  an  election,  shall  wilfully  deface,  tear 
down,  remove,  or  destroy  any  card  of  instruction,  or  sample  ballot,  printed  or  posted 
for  the  instruction  of  voters,  or  who  shall,  during  an  election,  wilfully  remove  or  destroy 
any  of  the  supplies  or  conveniences  furnished  to  enable  a  voter  to  prepare  his  ballot, 
or  shall  wilfully  hinder  the  voting  of  others,  shall  be  punished  by  fine  of  not  less 
than  $5  nor  more  than  $100,  or  by  imprisonment  in  the  county  jail  not  exceeding  three 
months,  or  by  both  such  fine  and  imprisonment. 

2347.  Destroying  certificate  of  nomination,  etc.  Examining  or  marking  ballots,  etc. 
Any  person  who  shall  falsely  mark  or  wilfully  deface  or  destroy  any  certificate  of 
nomination,  or  any  part  thereof,  or  any  letter  of  declination,  or  resignation,  or  file  any 
certificate  of  nomination  or  letter  of  declination,  or  resignation,  knowing  the  same,  or 
any  part  thereof  to  be  falsely  made,  or  suppress  any  certificate  of  nomination,  or  letter 
of  declination,  or  resignation  or  any  part  thereof,  which  has  been  duly  filed;  or  forge 
any  letter  of  declination,  or  resignation,  or  falsely  make  the  official  indorsement  on 
any  ballot,  or  wilfully  destroy  or  deface  any  ballot,  or  wilfully  delay  the  delivery  of 
any  ballots,  or  shall  examine  any  ballot  offered  or  cast  at  the  polls  or  found  in  any 
ballot  box  for  any  purpose  other  than  to  ascertain  what  candidate  was  elected,  or  who 
makes  or  places  any  mark  or  device  on  any  ballot  with  the  view  to  ascertain  the  name 
of  any  person  for  whom  the  elector  has  voted,  shall  be  punished  by  fine  not  exceed- 
ing 11000,  or  by  imprisonment  in  the  county  jail  for  not  more  than  one  year,  or  both 
such  fine  and  imprisonment. 

2348.  Penalty  for  destroying  or  concealing  ballots.  Any  person  or  officer  having 
charge  of  such  official  ballots  who  shall  destroy,  suppress,  or  conceal  them,  except  as 
in  this  title  permitted,  shall  be  guilty  of  a  felony,  and,  upon  conviction  thereof,  shall 
be  punished  by  imprisonment  in  the  state  prison  for  not  less  than  one  year  nor  more 
than  five  years 

2349.  Failure  to  deliver  ballots  and  election  returns.  Any  person  or  officer  who 
has  undertaken  to  deliver  official  ballots  to  any  election  district,  city,  town,  precinct, 
or  county  officer  of  election,  who  neglects  or  refuses  to  do  so,  shall  be  guilty  of  a  mis- 
demeanor, and,  upon  conviction  thereof,  shall  be  punshed  by  imprisonment  in  the 
county  jail  for  not  less  than  six  months  nor  more  than  one  year,  or  by  a  fine  of  not 
less  than  $250  and  not  more  than  $1000,  or  by  both  such  fine  and  imprisonment.  The 
failure  to  deliver  election  returns  and  ballots  by  any  person  who  has  undertaken  to 
do  so  shall.be  deemed  a  felony  and  shall  be  punishable  as  hereinafter  provided. 

2350.  Revealing  how  elector  voted.  Any  election  officer  or  watcher  who  shall 
reveal  to  any  other  person  the  name  of  any  candidate  for  whom  the  voter  has  voted, 
or  who  shall  communicate  to  another  his  opinion,  belief,  or  impression  as  to  how 
or  for  whom  a  voter  has  voted,  shall  be  guilty  of  a  misdemeanor,  and,  upon  conviction 
thereof,  shall  be  punished  by  imprisonment  in  the  county  jail  for  not  less  than  six 
months  nor  more  than  one  year,  or  by  fine  of  not  less  than  $250  nor  more  than  $1000, 
or  by  both  such  fine  and  imprisonment. 

2351.  Electioneering  at  polling  places.  Removing,  showing,  or  marking  ballot,  etc. 
No  person  shall  do  any  electioneering  on  election  day  within  any  polling  place  or  in 


44  ELECTIONS— OFFENSES 


any  public  street  or  room,  or  in  a  public  manner  within  100  feet  of  any  polling  place. 
No  person  shall  remove  any  official  ballot  from  the  polling  place  before  the  closing  of 
the  polls.  No  person  shall  show  his  ballot  after  it  is  prepared  for  voting  to  any 
person  in  such  a  way  as  to  reveal  its  contents,  nor  shall  any  person  solicit  the  voter 
to  show  the  same.  No  person,  except  a  judge  of  election,  shall  receive  from  any  voter 
a  ballot  prepared  for  voting.  No  voter  shall  receive  an  official  ballot  from  any  other 
person  than  one  of  the  judges  of  election  having  charge  of  the  ballots,  nor  shall  any 
person  other  than  such  election  officer  deliver  an  official  ballot  to  sych  voter.  No 
voter  shall  place  any  mark  upon  his  ballot,  by  means  of  which  it  can  be  identified  as 
the  one  voted  by  him.  Every  voter  who  does  not  vote  or  deliver  in  the  manner  here- 
inbefore provided  any  ballot  received  by  him  from  the  election  officers  shall,  before 
leaving  the  polling  place  or  going  outside  the  guard  rail,  return  each  such  ballot  to 
the  officer  from  whom  he  received  the  same.  Whoever  shall  violate  any  provision  of 
this  section  shall  be  deemed  guilty  of  a  misdemeanor.  But  nothing  herein  contained 
shall  prevent  any  person  from  receiving,  delivering,  and  voting  an  unofficial  ballot  in 
the  contingency  hereinbefore  provided  for. 

• 

2352.  Voter  may  leave  employment  to  vote.  Refusing  employe  time  to  vote.  Any 
person  entitled  to  a  vote  at  a  general  election  held  within  this  state  shall,  on  the 
day  of  such  election,  be  entitled  to  absent  himself  from  any  employment  in  which 
he  is  then  engaged  or  employed  for  a  period  of  two  hours  between  the  time  of  opening 
and  the  time  of  closing  the  polls,  and  any  such  absence  shall  not  be  sufficient  reason 
for  the  discharge  of  any  such  person  from  such  service  or  employment,  and  such 
voter  shall  not,  because  of  so  absenting  himself,  be  liable  to  any  penalty,  nor  shall 
any  deduction  be  made  on  account  of  such  absence,  from  his  usual  salary  or  wages 
except  when  such  employe  is  employed  and  paid  by  the  hour;  provided,  that  applica- 
tion shall  be  made  for  such  leave  of  absence  prior  to  the  day  of  election.  The  employer 
may  specify  the  hours  during  which  such  employe  may  absent  himself  as  aforesaid. 
Any  person  or  corporation  who  shall  refuse  to  his  or  its  employes  the  privilege  hereby 
conferred,  or  who  shall  subject  an  employe  to  a  penalty  or  reduction  of  wages  because 
of  the  exercise  of  such  privilege,  or  who  shall,  directly  or  indirectly,  violate  the 
provisions  of  this  title  shall  be  deemed  guilty  of  a  misdemeanor. 

2353.  Using  liquor  at  polling  place.  Saloons.  It  shall  be  unlawful  for  any  person 
or  any  election  judge  to  introduce  into  any  polling  place,  or  to  use  therein,  or  to 
offer  to  any  one  for  use  therein,  at  any  time  while  any  election  is  in  progress  or  the 
result  thereof  being  ascertained  by  the  counting  of  the  ballots,  any  intoxicating,  malt, 
spirituous,  or  vinous  liquors.  It  shall  be  vmlawful  for  any  officer  or  board  of  officers 
of  any  county,  city,  or  town,  who  may  at  any  time  be  charged  with  the  duty  of  designat- 
ing polling  places  for  the  holding  of  any  general  or  special  election  therein,  to  select 
therefor  a  saloon  or  room  within  the  distance  of  fifty  feet,  measured  in,  a  direct  line, 
of  any  saloon  or  other  place  where  any  intoxicating,  malt,  vinous,  or  spirituous  liquors 
are  sold,  to  be  drunk  where  sold. 

2354.  General  penalty.  Forfeiture  of  right  to  vote.  Offender  a  competent  witness. 
All  acts,  omissions,  and  neglects  of  any  person,  official,  or  corporation,  made  an  offense 
by  the  provisions  of  this  title,  and  the  punishment  for  which  is  not  expressly  designated, 
shall  be  punishable  by  a  fine  of  not  less  than  $100  nor  more  thai^  $1,000,  or  by  imprison- 
ment in  the  county  jail  for  not  more  than  one  year,  or  by  both  such  fine  and  imprison- 
ment, and  shall  also  forfeit  the  right  to  vote  at  such  election;  and  any  elector  whose 
right  to  vote  shall  be  challenged  for  such  cause  shall  be  required  to  swear  or  affirm  that 
the  matter  of  the  challenge  is  untrue,  before  his  vote  shall  be  received.  Any  person 
so  offending  against  any  provision  of  this  title  is  a  competent  witness  against  any 
other  person  so  offending,  and  may  be  compelled  to  attend  and  testify  upon  any  trial, 
hearing,  proceeding,  or  investigation  in  the  same  manner  as  any  other  person.  But 
the  testimony  so  given  shall  not  be  used  in  any  prosecution  or  proceeding,  civil  or 
criminal,  against  the  person  so  testifying  except  for  perjury  in  giving  such  testimony. 
A  person  so  testifying  shall  not  thereafter  be  liable  to  indictment,  prosecution,  or 
punishment  for  the  offense  with  reference  to  which  his  testimony  was  given,  and  may 
plead  or  prove  the  giving  of  testimony  accordingly  In  bar  of  such  indictment  or 
prosecution. 

2355.  Chapter  applicable  to  all  elections.  The  provisions  of  this  chapter  shall 
extend,  so  far  as  appll^jable,  to  all  elections  provided  by  law,\  special,  general,  municipal, 
school,  and  primary  elections  in  cities  of  the  first  and  the  second  class. 


ELECTIONS— CORRUPT  PRACTICES  4R 


Prevention  and  Punishment  of  Corrupt  Practices 

In  Election 


2360.  Construction  of  terms.  The  following  words  and  phrases  as  used  in  this 
chapter  shall  be  construed  as  follows: 

1.  Any  chapter  shall  be  deemed  to  have  been  for  "political  purposes"  when  the 
chapter  is  of  a  nature,  or  is  done  with  the  intent,  or  is  done  in  such  a  way,  as  to 
influence  or  tend  to  influence,  directly  or  indirectly,  any  voting  at  any  political  con- 
vention, primary,  or  election  or  if  the  said  chapter  is  done  on  account  of  any  persons 
having  voted  or  refrained  from  voting,  or  being  about  to  vote  or  refrain  from  voting, 
at  any  political  convention,  primary,  or  election. 

2.  The  term  "candidate"  shall  mean  and  include  every  person  for  whom  it  is 
contemplated  or  desired  that  votes  be  cast  at  any  political  convention,  primary,  or 
election,  and  who  either  tacitly  or  expressly  consents  to  be  so  considered,  except 
candidates  for  president  and  vice-president  of  the  United  States. 

3.  The  term  "disbursement"  shall  mean  and  include  every  act  by  or  through  which 
any  money,  property,  offlce,  or  position  or  other  thing  of  value  passes,  or  is  directly 
or  indirectly -conveyed,  given,  provided,  paid,  expended,  promised,  pledged,  contributed, 
or  lent,  and  also  any  money,  property,  office,  or  position  or  other  thing  of  value  bo 
given,  provided,  paid,  expended,  promised,  pledged,  contributed,  or  lent. 

4.  The  term  "filing  officer,"  when  used  with  reference  to  any  candidate,  shall  be 
construed  to  mean  the  officer  who  is  authorized  by  law  to  issue  a  certificate  of  nomina- 
tion or  election  to  such  candidate  if  he  be  successful.  If  there  be  no  officer  authorized 
to  issue  such  certificate  of  nomination  or  election,  then  such  term  shall  be  construed  to 
mean  the  clerk  of  the  county,  city,  or  town  in  which  such  candidate  resides. 

5.  The  term  "primary"  shall  mean  and  include  any  primary  election  held  under 
the  general  election  laws  of  this  state,  and  also  any  primary  held  for  the  purpose  of 
selecting  delegates  to  any  political  convention. 

6.  The  term  "election"  shall  mean  and  include  all  general,  special,  or  other  elec- 
tions provided  for  under  the  general  election  laws  of  this  state,  or  under  the  elec- 
tion laws  governing  any  election  in  any  district,  county,  city,  town,  or  other  muni- 
cipality  therein. 

7.  The  term  "personal  campaign  committee"  shall  mean  any  committee  appointed 
by  a  candidate  to  act  for  him  as  hereinafter  provided. 

8.  The  term  "party  committee"  shall  mean  any  committee  appointed  or  elected  to 
represent  any  political  party  with  a  party  organization  in   this   state. 

9.  Every  two  or  more  persons  elected  or  appointed  by  any  political  party  or 
association  for  the  purpose,  wholly  or  partly,  of  raising,  collecting,  or  disbursing  money, 
or  directing  the  raising,  collecting,  or  disbursing  thereof,  for  nomination  or  election 
purposes,  and  every  two  or  more  persons  who  shall  co-operate  in  the  raising,  collecting, 
or  disbursing  of  money  used,  or  to  be  used,  for  or  against  the  election  to  public  office 
of  any  person  or  any  class  or  number  of  persons,  or  for  or  against  the  adoption  of  any 
law,  ordinance,  or  constitutional  amendment,  shall  be  deemed  a  "political  committee" 
within  the  meaning  of  this  chapter. 

10.  The  term  "committee"  shall  mean  any  personal  campaign  committee,  party 
committee,  or  political  committee  unless  the  intent  is  clearly  shown  to  be  other- 
wise. 

2361.  Acceptance  of  disbursements.  Defense  to  prosecutions.  No  person  shall 
receive  or  accept  any  money,  property,  or  other  thing  of  value,  or  any  promise  or 
pledge  thereof,  constituting  a  disbursement  made  for  political  purposes  contrary  to 
law.  In  any  prosecution  for  the  violation  of  this  section,  it  shall  be  a  defense  if  the 
accused  person  shall  prove  that  he  had  neither  knowledge  that  such  disbursement 
constituted  a  disbursement  made  for  political  purposes  contrary  to  law,  nor  any  rea- 
sonable cause  to  believe  that  it  constituted  such  a  disbursement. 

2362.  Manner  of  disbursement.  No  candidate  shall  make  any  disbursements  for 
political  purposes  except  under  his  personal  direction,  which  for  every  purpose  shall 
be  considered  his  act,  or  through  a  party  committee,  or  through  a  personal  campaign 
committee,  whose  authority  to  act  shall  be  filed  as  provided  by  this  chapter. 

2363.  Selection  of  personal  comimittee.  Revocations.  Presumption  as  to  acts. 
Any  candidate  may  select  a  personal  campaign  committee  to  consist  of  one  or  more 


46 ELECTIONS— CORRUPT  PRACTICES  

persons,  and  he  may  constitute  himself  as  such  committee.  Before  any  personal  cam- 
paign committee  shall  make  any  disbursement  in  behalf  of  any  candidate,  or  shall  incur 
any  obligation,  expressed  or  implied,  to  make  any  disbursement  in  his  behalf,  such 
candid^ate  shall  file  with  his  filing  officer,  a  written  statement  signed  by  him,  setting 
forth  that  such  personal  campaign  committee  has  been  appointed,  and  giving  the  name 
and  address  of  each  member  thereof,  and  of  the  secretary  thereof.  If  a  personal  cam- 
paign committee  consists  of  only  one  person,  such  person  shall  be  deemed  the  secretary 
thereof.  If  the  candidate  acts  as  his  own  personal  campaign  committee,  he  shall  be 
deemed  the  secretary  thereof.  Any  candidate  may  revoke  the  selection  of  any  member 
of  such  personal  campaign  committee  by  a  revocation  in  writing,  which,  with  proof 
of  personal  service  on  the  member  whose  selection  is  so  revoked,  shall  be  filed  with 
the  filing  officer  of  such  candidate.  Such  candidate  may  fill  the  vacancy  thus  created 
in  the  manner  in  which  the  original  appointment  is  made.  In  civil  actions  and  pro- 
ceedings brought  under  this  chapter,  the  acts  of  every  member  of  such  personal  cam- 
paign committee  shall  be  presumed  to  be  with  the  knowledge  and  approval  of  the 
candidate  until  it  has  been  clearly  proved  that  the  candidate  did  not  have  knowledge 
of  and  approved  the  same,  and  that,  in  the  exercise  of  reasonable  care  and  diligence, 
he  could  not  have  had  knowledge  of  and  opportunity  to  disapprove  the  same. 

2364.  Disbursements  by  persons  other  than  candidates.  Exceptions.  No  person  or 
group  of  persons,  other  than  the  candidate  or  his  personal  campaign  committee,  or  party 
committee,  shall  make  any  disbursement  for  political  purposes,  otherwise  than  through 
a  personal  campaign  committee,  or  a  party  committee,  except  that  expenses  incurred 
for  rent  of  hall  or  other  rooms,  for  hiring  speakers,  for  printing,  for  postage,  for  tele- 
graphing or  telephoning,  for  advertising,  for  distributing  printed  matter,  for  clericqj 
assistance,  and  for  hotel  and  traveling  expenses,  may  be  contributed  and  paid  by  a  per- 
son or  group  of  persons  residing  within  the  county  where  such  expenses  are  incurred, 
and  except  that  a  speaker  may  pay  his  actual  traveling  expenses  in  going  to  and  from 
meetings  addressed  by  him. 

2365.  Legal  disbursements  by  candidates.  No  candidate  for  nomination  or  election 
to  any  elective  office  in  this  state  coming  within  the  provisions  of  this  chapter  shall 
make  any  disbursements  for  political  purposes  except  the  following,  which  are  hereby 
declared  to  be  legal  disbursements  for  political  purposes,  to  wit: 

1.  For  his  own  personal  hotel  and  traveling  expenses  and  for  postage,  telegraph, 
and  telephone  expenses; 

2.  For  payments  which  he  may  make  to  the  state  pursuant  to  law  or  for  filing 
fees  to  the  proper  public  officer; 

3.  For  contributions  to  his  duly  registered  personal  campaign  committee; 

4.  For  contributions  to  his  party  committee; 

5.  For  the  purposes  enumerated  in  §  2366,  when  such  candidate  has  no  personal 
campaign  committee,  but  not  otherwise. 

2366.  Disbursements  by  committee.  No  personal  campaign  committee  or  party 
committee,  or  any  other  political  committee,  shall  make  any  disbursement  except: 

1.  For  maintenance  of  headquarters,  and  for  hall  rentals  incident  to  the  holding 
of  public  meetings; 

2.  For  necessary  stationery,  postage,  telephone,  telegraph,  messenger,  and  clerical 
assistance  to  be  employed  at  a  candidate's  headquarters,  or  at  the  headquarters  of 
the  committee,  incident  to  the  writing,  addressing,  and  mailing  of  letters  and  cam- 
paign literature; 

3.  For  necessary  expenses  incident  to  the  furnishing  and  printing  of  badges, 
banners,  and  other  insignia;  to  the  printing  and  posting  of  handbills,  posters,  litho- 
graphs, and  other  campaign  literature,  and  the  distribution  thereof  through  the  mails 
or  otherwise; 

4.  For  campaign  advertising  in  newspapers,  periodicals,  or  magazines  as  provided 
Ib  this  ^chapter; 

5.  For  wages  and  actual  necessary  personal  expenses  of  public  speakers,  organizers, 
and  musicians; 

6.  For  traveling  expenses  of  members  of  the  committee; 

7.  For  preparing  poll  lists  and  for  challengers  at  the  polls; 

8.  For   contributions   to    other    party    or    political    committees. 

'  2367.  Bills,  charges,  and  claims  against  candidate  or  committee.  Every  person 
who  sha,ll  have  any  bill,  charge,  or  claim  upon  or  against  any  personal  campaign  or 
party  committee  or  any  candidate,  for  any  disbursement  made,  services  rendered,  or 
thing  of  value  furnished  for  political  purposes,  or  incurred  in  any  manner  in  relation 
to  any  primary  or  election,  shall  render  in  writing  to  such  committee   or  candidate. 


ELECTIONS— CORRUPT  PRACTICES 47 

such  bill,  charge,  or  claim,  within  fifteen  days  after  the  day  of  the  primary  or  election 
in  connection  with  which  such  bill,  charge,  or  claim  was  incurred.  No  candidate  and 
no  personal  campaign  or  party  committee  shall  pay  any  bill,  charge,  or  claim  so 
incurred  prior  to  any  primary  or  election  which  is  not  so  presented  within  ten  days 
after  such  primary  or  election;  provided,  that  the  mailing  of  any  such  bill,  charge, 
claim,  or  remittance  in  a  registered  letter  addressed  to  any  candidate  or  committee, 
postage  prepaid,  shall  be  deemed  a  compliance  with  this  section. 

2368.  Financial  statements.  Details.  1.  Every  candidate  who  is  voted  for  at 
any  primary  or  election  held  within  this  state,  and  the  secretary  of  every  personal 
campaign  committee,  and  the  secretary  of  every  party  committee,  and  the  secretary 
of  every  other  political  committee,  shall,  on  the  second  Saturday  after  such  candidate 
or  committee  has  first  made  a  disbursement,  or  has  first  incurred  any  expressed  or 
implied  obligation  to  make  a  disbursement  for  political  purposes,  and  thereafter,  on  the 
second  Saturday  of  each  calendar  month,  until  all  disbursements  shall  have  been 
accounted  for,  and  also  on  the  Saturday  preceding  any  election  or  primary,  file  a 
financial  statement  verified  upon  the  oath  of  such  candidate,  or  upon  the  oath  of 
the  secretary  of  such  committee,  as  the  case  may  be,  which  statement  shall  cover  all 
transactions  not  accounted  for  and  reported  upon  in  statements  theretofore  filed.  Each 
statement  after  the  first,  shall  contain  a  summary  of  all  preceding  statements,  and 
summarize  all  items  theretofore  reported  under  the  provisions  of  this  chapter. 

2.  The  statement  of  any  candidate  and  the  statement  of  his  personal  campaign 
committee  shall  be  filed  with  the  filing  officer  of  such  candidate.  The  statement  of 
every  state  committee,  and  of  every  congressional  committee,  shall  be  filed  with  the 
secretary  of  state.  The  statement  of  every  other  party  committee  shall  be  filed  in 
the  office  of  the  county  clerk  of  the  county  within  which  such  disburstements  were 
made. 

3.  Each  such  statement  shall  give  in  full  detail: 

(a)  Every  sum  of  money  and  all  property  and  every  other  thing  of  value  received 
by  such  candidate  or  committee  during  such  period,  from  any  source  whatsoever, 
which  he  or  it  uses  or  has  used  or  is  at  liberty  to  use  for  political  purposes,  together 
with  the  name  of  every  person  or  source  from  which  each  was  received,  the  specific 
purpose  for  which  each  was  received,  and  the  date  when  each  was  received,  together 
with  the  total  amount  received  from  all  sources  in  any  amounts  or  manner  whatso- 
ever. 

(b)  Every  promise  or  pledge  of  money,  property,  or  other  thing  of  value  received 
by  such  candidate  or  committee  during  such  period,  the  proceeds  of  which  he  uses 
or  has  used  or  is  at  liberty  to  use  for  political  purposes,  together  with  the  name  of 
the  persons  by  whom  each  was  promised  or  pledged,  the  specific  purposes  for  which 
each  was  promised  or  pledged,  and  the  date  when  each  was  so  promised  or  pledged, 
together  with  the  total  amount  promised  or  pledged,  from  all  sources,  in  any  amounts 
whatsoever. 

(c)  Every  disbursement  by  such  candidate  or  committee  for  political  purposes 
during  such  period,  together  with  the  name  of  every  person  to  whom  the  disburse- 
ment was  made,  the  specific  purpose  for  which  each  was  made,  and  the  date  when 
each  was  made,  together  with  the  total  amount  of  disbursements  made  in  any  amounts 
or  manner  whatsoever. 

(d)  Every  obligation,  expressed  or  implied,  to  make  any  disbursement  incurred 
by  such  candidate  or  committee  for  political  purposes  during  such  period,  together 
with  names  of  the  person  or  persons  to  or  with  whom  each  such  obligation  was 
Incurred,  the  specific  purposes  for  which  each  was  made,  and  the  date  when  each 
was  incurred,  together  with  total  amount  of  such  obligations  made  in  any  amounts 
or  manner  whatsoever. 

Statements  shall  also  be  made  by  any  other  political  committee,  showing  the  total 
amount  of  receipts  and  disbursements,  and  for  what  purpose  such  disbursements  were 
made.  Such  statements  shall  be  filed  with  the  clerk  of  the  county  in  which  the  com- 
mittee has  its  headquarters,  within  thirty  days  after  any  primary  or  election. 

2369.  Blanks  furnished  for  required  statements.  Blanks  for  all  statements  re- 
quired by  this  chapter  shall  be  prepared  by  the  secretary  of  state,  and  copies  thereof, 
together  with  a  copy  of  this  chapter,  shall  be  furnished  through  the  county  clerk,  or 
otherwise  as  the  secretary  of  state  may  deem  expedient,  to  the  secretary  of  every 
committee,  upon  request,  and  to  every  candidate  upon  the  filing  of  nomination  papers, 
and  to  all  other  persons  required  by  law  to  file  such  statements,  who  may  apply  there- 
for. 

2370.  Public  inspection.  Certified  copies.  All  such  statements  shall  be  open  to 
public  inspection  in  the  offices  where  they  are  filed,  and  shall  be  carefully  preserved 


48 ELECTIONS— CORRUPT  PRACTICES 

there  for  a  period  of  one  year;  and  it  shall  be  the  duty  of  the  officers  having  custody 
of  the  same  to  give  certified  copies;  thereof  in  like  manner  as  of  other  public 
records. 

2371  .  Official  inspection  of  statements.  Notice  to  delinquents.  The  several  officers 
with  whom  statements  are  required  to  be  filed  shall  inspect  all  statements  of  disburse- 
ments relating  to  nominations  and  elections  filed  with  them,  within  ten  days  after 
the  same  are  filed;  and  if,  upon  examination  of  the  official  ballot,  it  appears  that 
any  person  has  failed  to  file  a  statement  as  required  by  law,  or  if  it  appears  to  any 
such  officer  that  the  statement  filed  with  him  does  not  conform  to  law,  or,  upon  com- 
plaint in  writing  by  a  candidate  or  by  a  voter  that  a  statement  filed  does  not  conform 
to  law  or  to  the  truth,  or  that  any  person  has  failed  to  file  a  statement  which  he  is  by 
law  required  to  file,  said  officer  shall  forthwith  in  writing  notify  the  delinquent  person 
to  comply  with  this  chapter. 

2372.  Duty  of  filing  officer.  Notice  to  county  attorney.  Proceedings.  Upon  the 
failure  of  any  person  to  file  a  statement  within  ten  days  after  receiving  notice  under 
the  preceding  section,  or  if  any  statement  filed  discloses  any  violation  of  any  pro- 
vision of  this  chapter,  the  filing  officer  shall  forthwith  notify  the  county  attorney  of 
the  county  in  which  said  violation  occurred,  and  shall  furnish  him  with  copies  of  all 
papers  relating  thereto,  and  the  said  county  attorney  shall,  on  such  complaint,  or 
the  complaint  of  any  other  person,  forthwith  enter  the  same  in  a  docket  kept  for  that 
purpose  in  his  office;  and  within  twenty  days  thereafter,  shall  examine  every  such 
case;  and  if  the  evidence  seems  to  him  to  be  sufficient  under  the  provisions  of  this 
chapter,  he  shall,  in  the  name  of  the  people  of  the  state,  forthwith  institute  such  civil 
or  criminal  proceedings  as  may  be  appropriate  to  the  facts. 

2373.  No  excuse  from  answering  questions.  No  person,  otherwise  competent  as  a 
witness,  shall  be  excused  from  answering  any  question  in  any  proceedings  under  this 
chapter,  on  the  ground  that  such  answers  would  tend  to  incriminate  him;  but  no 
prosecution  can  afterwards  be  had  against  such  witness  for  any  such  offense  concern- 
ing which  he  testified  for  the  prosecution,  except  in  an  action  for  prejury  in  giving 
such  testimony. 

2374.  Candidate's  name  not  printed  unless  statement  is  filed.  Manner  of  filling 
vacancy.  The  name  of  a  candidate  chosen  at  a  nominating  convention,  or  primary 
election,  or  otherwise,  shall  not  bo  printed  on  the  official  ballot  for  the  ensuing 
election  unless  there  have  been  filed  by  or  on  behalf  of  said  candidate,  and  by  his 
personal  campaign  committee,  if  any,  the  statement  of  receipts  and  disbursements 
relating  to  nominations  required  by  this  chapter.  Any  vacancy  on  the  ballot  caused 
by  such  failure  to  file  such  statements  shall  be  filed  by  the  proper  committee  of  his 
political  party,  in  the  manner  authorized  by  law,  but  not  by  the  use  of  the  name  of 
the  candidate  who  has  failed  to  file  such  statements. 

2375.  Oath,  certificate,  office,  salary,  dependent  on  statement.  It  shall  be  unlaw- 
ful to  administer  the  oath  of  office,  or  to  issue  a  certificate  of  nomination  or  election, 
to  any  person  nominated  or  elected  to  any  public  office  until  he  has  filed  a  state- 
ment as  required  by  this  chapter,  which  statement  shall  upon  its  face  be  complete 
and  show  a  lawful  compliance  with  this  chapter;  and  no  such  person  shall  enter 
upon  the  duties  of  his  office  until  he  has  filed  such  a  statement,  nor  shall  he  receive 
any  salary  or  fees  for  any  period  prior  to  the  filing  of  the  same. 

2376.  Limitations  as  to  disbursements.  Prohibitions.  Contributions.  No  disburse- 
ments shall  be  made  and  no  express  or  implied  obligation  to  make  such  disbursement 
shall  be  incurred  by  or  on  behalf  of  any  candidate  for  any  office  under  the  constitution 
or  laws  of  this  state,  or  under  the  ordinance  of  any  city,  town,  or  municipality  of  this 
state  In  his  campaign  for  nomination  and  election,  which  shall  aggregate  more  than 
the  amounts  herein  specified,  namely: 

1.  For  United  States  senator,  $4000; 

2.  For  representative  in  congress,  |2000; 

3.  For  governor,  $3000; 

4.  For  presidential  elector,  $500; 

5.  For  state  senator,  $200; 

6.  For  state  representative,  $100; 

7.  For  any  other  state  officer,  for  any  judge,  for  any  county,  city,  or  town  officer, 
or  for  any  officer  not  hereinbefore  mentioned  who,  if  elected,  would  receive  as  salary, 
a  sum  not  exceeding,  in  the  case  of  an  officer  elected  for  a  four-year  term,  15  per  cent 
of  the  salary  to  which  such  person  would,  if  elected,  be  entitled  during  the  first  year 
of  his  incumbency  of  such  office;   and  in  the  case  of"  an  officer  elected  for  a  two-year 


ELECTIONS— CORRUPT  PRACTICES ^ 

term,  a  sum  not  exceeding  10  per  cent  of  such  salary;   provided,  that  no  person  shall 
be  restricted  to  less  than  $100. 

No  sum  of  money  shall  be  paid,  and  no  expenses  authorized  or  incurred  by  or 
on  behalf  of  any  candidate  contrary  to  the  provisions  of  this  chapter.  For  the  pur- 
poses of  this  law  the  contribution,  expenditure,  or  liability  of  a  descendant,  ascendant, 
brother,  sister,  uncle,  aunt,  nephew,  niece,  wife,  husband,  partner,  employer,  employe, 
or  fellow  official  or  fellow  employe  of  a  corporation  shall  be  deemed  to  be  that  of  the 
candidate   himself. 

2377.  Delegation  of  expenditure  of  disbursements.  Any  candidate  may  delegate 
to  his  personal  campaign  committee  or  to  any  party  committee  of  his  party  in  writing 
duly  subscribed  by  him,  the  expenditure  of  any  portion  of  the  total  disbursements 
which  are  authorized  to  be  incurred  by  him  or  on  his  behalf  by  the  provisions  of  this 
chapter,  but  the  total  of  all  disbursements  by  himself  and  by  his  personal  campaign 
committee  in  his  behalf,  shall  not  exceed  in  the  aggregate  the  amounts  in  this  chapter 
specified,  except  as  provided  herein. 

2378.  Limitations  as  to  obligations  and  disbursements.  1.  No  disbursement  shall 
be  made,  and  no  obligation,  expressed  or  implied,  to  make  such  disbursement,  shall 
be  incurred  by  or  on  behalf  of  any  personal  campaign  committee  exceeding  In  the 
aggregate  the  total  amounts  theretofore  delegated  to  such  committee  in  writing  duly 
subscribed  as  provided  in  §  2377. 

Z-  The  state  committee  of  any  political  party  entitled  by  law  to  have  the  names 
of  its  candidates  placed  upon  the  official  ballot  in  a  general  election  may,  however, 
in  addition  to  the  disbursements  delegated  to  it  under  the  provisions  of  §  2377,  make 
further  disbursements  in  connection  with  any  general  election;  but  the  aggregate  of  all 
the  disbursements  of  any  such  state  committee  or  of  any  other  state  political  committee 
shall  in  no  event  exceed  a  sum  equal  to  12^  cents  for  each  vote  cast  in  the  state 
for  all  candidates  for  governor  in  the  next  preceding  general  election,  and  every  dis- 
bursement by  any  such  committee  in  excess  of  such  amount  is  forbidden. 

3.  The  county  committee  of  any  political  party  entitled  by  law  to  have  the  names 
of  its  candidates  placed  upon  the  official  ballot  in  any  general  election  may,  however, 
in  addition  to  the  disbursements  delegated  to  it  under  the  provisions  of  §  2377,  make 
further  disbursements  in  connection  with  any  general  election,  but  the  aggregate  of 
all  the  disbursements  of  any  such  county  committee  shall  in  no  event  exceed  a  sum 
equal  to  12^^  cents  for  each  vote  cast  in  such  county  for  all  candidates  for  governor  in 
the  next  preceding  general  election,  and  any  disbursement  by  any  such  committee  in 
excess  of  such  amount  is  forbidden. 

2379.  Prohibitions  as  to  corporations.  Fines  and  forfeitures.  No  corporation  do- 
ing business  in  this  state  shall  pay,  contribute,  loan,  or  advance,  or  offer,  consent,  or 
agree  to  pay,  contribute,  loan,  or  advance,  directly  or  indirectly,  any  money,  property, 
free  services  of  its  officers  or  employes,  or  anything  of  value,  to  any  political  party, 
organization,  committee,  or  individual  for  any  political  purpose  whatsoever,  or  for  the 
purpose  of  promoting  or  defeating  the  candidacy  of  any  person  for  nomination,  election, 
or  appointment  to  any  political  office.  No  officer,  agent,  or  employe  of  a  corporation 
shall  use  or  contribute  the  moneys  of  such  corporation  for  political  purposes  or  in  the 
interest  of  any  political  candidate  or  party.  No  corporation,  public  or  private,  shall 
deduct,  or  in  any  manner  withhold,  any  salaries  or  part  of  salaries,  from  its  employes, 
for  political  campaign  expenses  incurred  in  the  past,  present,  or  to  bq  incurred  in 
the  future.  Jf  any  corporation  shall  be  convicted  of  violating  any  of  the  provisions 
of  this  chapter,  it  shall  be  subject  to  a  fine  of  not  less  than  $500,  nor  more  than 
$10,000,  and  if  a  domestic  corporation,  in  addition  to  said  fine,  it  may  be  dissolved; 
and  if  a  foreign  or  non-resident  corporation,  in  addition  to  said  fine,  its  rights  to  do 
business  in  this  state  may  be  declared  forfeited. 

2380.  Punishment  for  representatives  of  corporations.  Any  officer,  employe,  agent, 
attorney,  or '  other  representative  of  any  corporation,  acting  for  or  in  behalf  of  such 
corporation,  who  shall  violate  this  chapter,  shall  be  punished  upon  conviction  by  a 
fine  of  not  less  than  $100  nor  more  than  $5000,  or  by  imprisonment  in  the  county  jail 
for  a  period  of  not  less  than  thirty  days  nor  more  than  one  year,  or  by  both  such  fine 
and  imprisonment,  in  the  discretion  of  the  court  or  judge  before  whom  sucn  conviction 
is  had. 

2381.  Evidence  against  corporations.  Disposition  of  fines.  The  violation  of  this 
chapter  by  any  officer  of  such  corporation  shall  be  prima  facie  evidence  of  said  violation 
by  such  corporation.  All  fines  or  forfeitures  recovered  under  the  provisions  of  this 
chapter  shall,  when  collected,  be   paid  into  the  treasury  of  the   county   for   the   use 


50 ELECTIONS— CORRUPT  PRACTICES 

of  the  road  and  bridge  fund,  and  it  is  hereby  made  the  duty  of  the  county  attorney 
of  each  county,  on  proper  complaint,  to  conduct  prosecutions  under  this  chapter. 

2382.  Prohibition  as  to  publishers.  No  publisher  of  a  newspaper  or  other'  peri- 
odical circulating  in  this  state  shall  insert,  either  in  its  advertising  or  reading  columns, 
any  paid  matter  which  is  designed,  or  tends  to  aid,  injure,  or  defeat  any  candidate, 
or  any  political  party  or  organization,  or  any  measure  before  the  people,  unless  it 
is  stated  therein  that  it  is  a  "paid  advertisement,"  and  unless  the  name  of  the  chair- 
man or  secretary  or  other  officers  of  the  political  or  other  organizations  inserting  the 
same,  or  the  name  and  address  of  some  voter  who  is  responsible  therefor,  shall  appear 
in  such  advertisement  in  the  nature  of  a  signature.  No  person  shall  pay  the  owner, 
editor,  publisher,  or  agent  of  any  newspaper  or  other  periodical  to  induce  him  editorially 
to  advocate  or  oppose  any  candidate  for  nomination  or  election,  and  no  such  owner, 
editor,   publisher,   or   agent  shall   accept   such   payment. 

2383.  Publisher  must  file  statements.  Contents.  No  publisher  of  any  newspaper 
or  other  periodical  published  within  this  state  shall  insert,  either  in  its  advertising 
or  reading  columns,  any  matter  whatsoever  of  a  political  nature,  or  any  political 
editorial  relative  to  a  candidate  for  any  public  office,  unless  the  publisher  thereof  shad 
file  in  the  office  of  the  secretary  of  state,  within  three  months  before  the  holding  of 
any  nominating  convention  or  primary  or  general  election,  or  within  ten  days  after 
the  calling  of  and  before  the  holding  of  any  special  election,  a  sworn  statement  which 
shall  contain  the  names  of  the  owners  of  such  paper;  and  if  such  paper  be  a  corpora- 
tion, such  statement  shall  be  executed  by  some  responsible  officer  thereof  who  is  in  a 
position  to  know  the  equities  thereof,  and  shall  contain  the  names  and  addresses  of 
the  owners  of  the  shares  of  stock  and  the  bonds  of  such  corporation,  together  with  an 
affidavit  from  each  of  such  stockholders,  and  bondholders,  setting  forth  the  following 
facts,  namely: 

1.  Whether  or  not  he  is  the  actual  owner  of  the  shares  of  stock  or  the  bonds 
standing  in  his  name  on  the  books  of  the  corporation,  and  if  not,  who  is  the  actual 
owner  thereof; 

2.  Whether  or  not  such  shares  of  stock  or  bonds,  or  any  portion  thereof,  are  held 
In  trust  for  another  person  or  corporation,  and  if  so,  for  whom; 

3.  ^Whether  or  not  such  shares  of  stock  or  bonds,  or  any  portion  thereof,  are 
under  option  to  be  sold  to  any  other  person  or  corporation,  and  if  so,  to  whom; 

4.  Whether  or  not  such  shares  of  stock  or  bonds,  or  any  portion  thereof,  have 
been  pledged  or  hypothecated,  and  if  so,  to  whom,  for  what  amount,  and  for  what 
purpose. 

Any  stockholder  who  shall  refuse  to  make  such  affidavit  shall  be  guilty  of  a 
violation  of  this  chapter,  but  such  a  violation  of  this  chapter  by  a  stockholder  or 
bondholder  shall  not  excuse  such  corporation  from  otherwise  complying  with  this 
chapter;  and  if  such  corporation  shall  otherwise  comply  with  this  chapter,  and  shall 
show  in  its  statement  filed  with  the  secretary  of  state  the  name  or  names  of  the  stock- 
holder or  stockholders,  bondholder  or  bondholders  so  refusing  to  make  said  affidavit, 
such  refusal  on  the  part  of  such  stockholder  or  bondholder  shall  not  constitute  a  viola- 
tion of  this  chapter  by  such  corporation. 

2384.  Declaration  as  to  interest  in  periodicals.  Every  candidate  and  every  member 
of  any  personial  campaign  or  party  committee  who,  either  in  his  own  name  or  in 
the  name  of  any  other  person,  owns  any  financial  interest  in  any  newspaper  or 
other  periodical  circulating  in  Utah,  shall,  before  such  newspaper  or  periodical  shall 
print  any  matter  otherwise  than  as  is  provided  in  §  2382,  which  is  intended  or  tends  to  in- 
fluence, directly  or  indirectly,  any  voting  at  any  primary  or  election  in  this  state,  file  in 
the  office  of  the  county  clerk  of  the  county  in  which  he  resides,  a  verified  declaration 
stating  definitely  the  newspaper  or  periodical  in  which  or  over  which  he  has  such 
financial  interest  or  control,  and  the  exact  nature  and  extent  of  such  interest  or  control. 
The  editor,  manager,  or  other  person  controlling  the  publication  of  any  such  news- 
paper or  periodical,  who  shall  print  or  cause  to  be  printed  any  such  matter  contrary 
to  the  provisions  of  this  chapter  prior  to  the  filing  of  such  verified  declaration  from  any 
person  required  by  this  section  to  file  such  declaration,  shall  be  deemed  guilty  of  a 
violation  hereof. 

2385.  Soliciting  matter  for  publication.  Excess  compensation  prohibited.  No 
owner,  publisher,  editor,  reporter,  agent,  or  employe  of  any  newspaper  or  other  peri- 
odical shall,  directly  or  indirectly  solicit,  receive,  or  accept  any  payment,  promise,  or 
compensation,  nor  shall  any  person  pay,  or  promise  to  pay,  or  in  any  manner  com- 
pensate  any   such   owner,   publisher,    editor,   reporter,   agent,    or   employe,    directly    or 


ELECTIONS— CORRUPT  PRACTICES 51. 

indirectly,  for  influencing  or  attempting  to  influence  by  means  of  any  printed  matter 
in  such  newspaper,  any  voting  at  any  election  or  primary,  through  any  means  what- 
soever, except  through  the  matter  inserted  in  such  newspaper  or  periodical  as  "paKd 
advertisement,"  and  so  designated  as  provided  by  law,  and  the  compensation  for  insert- 
ing any  such  "paid  advertisement"  shall  in  no  case  exceed  the  regular  rate  charged 
by  such  newspaper  or  periodical  for  such  service. 

2386.  Publication  of  false  statement  relative  to  candidates  prohibited.  No  per- 
son, firm,  or  corporation  shall  knowingly  make  or  publish,  or  cause  to  be  made  or 
published,  any  false  statement  in  relation  to  any  candidate,  which  statement  is  intended 
or  ten^s  to  affect  any  voting  at  any  primary,  convention,  or  election. 

2387.  Personation.  Penalty.  Any  person  shall  be  deemed  guilty  of  the  offense  of 
personation  who,  at  any  primary  or  election,  applies  for  a  ballot  in  the  name  of  some 
other  person,  whether  it  be  that  of  a  person  living  or  dead,  or  of  a  fictitious  person, 
or  who,  having  voted  once  at  a  primary  or  election,  applies  at  the  same  election  for 
a  ballot  in  his  own  name  or  any  other  name;  and  on  conviction  thereof  such  person 
shall  be  punished  by  imprisonment  in  the  state  prison  at  hard  labor  for  not  less  than 
one  nor  more  than  three  years.  Any  person  who  aids,  abets,  counsels,  or  procures  the 
commission  of  the  offense  of  personation  shall,  upon  conviction,  be  subject  to  the 
same  penalty. 

2388.  Bet  or  wager  on  elections  prohibited.  Any  candidate  who,  before  or  during 
any  primary  or  election  campaign,  makes  any  bet  or  wager  of  anything  of  pecuniary 
value,  or  in  any  manner  becomes  a  party  to  any  such  bet  or  wager,  on  the  result  of 
the  primary  or  election  in  his  electoral  district,  or  in  any  part  thereof,  or  on  any 
event  or  contingency  relating  to  any  pending  primary  or  election,  or  who  provides 
money  or  other  valuable  thing  to  be  used  by  any  other  person  in  betving  or  wagering 
upon  the  results  of  any  impending  primary  or  election,  shall  be  guilty  of  a  violation 
of  this  chapter.  Any  person  who  makes  any  bet  or  wager  of  anything  of  pecuniary 
value  on  the  result  of  such  primary  or  election,  or  on  any  event  or  contingency  relating 
thereto,  shall  be  guilty  of  a  violation  of  this  chapter,  and  in  addition  thereto,  any 
such  act  shall  be  a  ground  of  challenge  against  his  right  to  vote.  Any  person  who, 
directly  or  indirectly,  makes  a  bet  or  wager  with  any  voter,  depending  upon  the 
result  of  any  impending  primary  or  election,  with  the  intent  thereby  to  procure  the 
challenge  of  such  voter,  or  to  prevent  him  from  voting  at  such  primary  or  election, 
shall  be  guilty  of  a  violation  of  this  chapter. 

2389.  Payments  for  service,  deduction  of  wages,  and  furnishing  conveyances 
prohibited.  It  shall  be  unlawful  for  any  person  to  pay  another  for  any  loss  due  to 
attendance  at  the  polls  or  in  registering;  provided,  that  this  shall  not  be  construed  to 
permit  an  employer  to  make  any  deduction  from  the  usual  salary  or  wages  of  any 
employe  while  in  attendance  at  the  polls  for  the  purpose  of  voting.  No  person  shall 
pay  for  personal  service  performed  or  to  be  performed  on  the  day  of  a  caucus,  primary, 
convention,  or  any  election,  or  for  any  purpose  connected  therewith,  tending  in  any  way, 
directly  or  indirectly,  to  affect  the  result  thereof,  except  for  the  hiring  of  persons 
whose  sole  duty  it  is  to  act  as  challengers  and  watch  the  count  of  official  ballots.  No 
person,  corporation,  committee,  or  organization  shall  convey  or  furnish  any  vehicle 
for  conveying,  or  bear  any  portion  of  any  expense  of  conveying,  any  voter  to  or  from 
the  polls  or  registration  places,  or  any  part  of  the  way';  provided,  that  the  committees 
or  any  two  or  more  political  parties  may  co-operate,  at  joint  expense,  in  conveying 
sick,  disabled,  aged,  or  infirm  voters  to  the  polls  or  registration  places,  but  no  con- 
veyance so  furnished  shall  have  any  banner  or  party  worker  upon  it.  But  this  provision 
shall  not  apply  to  persons  of  the  same  household,  nor  shall  it  prohibit  two  or  more 
voters  from  providing  joint  transportation  for  themselves  by  mutual  agreement  at 
their  own  expense. 

2390.  Promises  of  appointment  prohibited.  No  person  shall,  in  order  to  aid  or 
promote  his  nomination  or  election,  directly  or  indirectly,  himself  or  through  any  other 
person,  appoint  or  promise  to  appoint  any  person,  or  secure  or  promise  to  secure,  or 
aid  in  securing,  the  appointment,  nomination,  or  election  of  any  person  to  any  public 
or  private  position  or  employment,  or  to  any  position  of  honor,  trust,  or  emolument. 
Nothing  herein  contained,  however,  shall  prevent  a  candidate  from  stating  publicly  his 
preference  for,  or  support  of,  any  other  candidate  for  any  office  to  be  voted  for  at  the 
same  primary  or  election;  nor  prevent  a  candidate  for  any  office  in  whicn  the  person 
elected  will  be  charged  with  the  duty  of  participating  in  the  election  or  nomination 
of  any  person  as  a  candidate  for  any  office,  from  publicly  stating  or  pledging  his 
preference  for  or  support  of  any  person  for  such  office  or  nomination. 


52       ELECTIONS— CORRUPT  PRACTICES 

2391.  Rewards  for  refraining  to  be  candidates  prohibited.  No  person  shall  pay 
or  reward,  or  promise  to  pay  or  reward,  another  in  any  manner  or  form  for  the  purpose 
of  inducing  him  to  be  or  to  refrain  from  or  cease  being  a  candidate,  and  no  person 
shall  solicit  any  payment,  promise,  or  reward  from  another  for  such  purpose. 

2392.  Soliciting  and  contributing  for  public  organizations  prohibited.  No  person 
shall  demand,  solicit,  ask,  or  invite  any  payment  or  contribution  for  any  religious, 
charitable,  or  other  causes  or  organization  supposed  to  be  primarily  or  principally  for 
the  public  good,  from  a  person  who  seeks  to  be  or  has  been  nominated  to  any  office; 
and  no  such  candidate  shall  make  any  such  payment  or  contribution,  if  it  shall  be 
demanded  or  asked,  during  the  time  he  is  a  candidate  for  nomination  or  ejection  to  any 
office.  No  payment  or  contribution  for  any  purpose  shall  be  made  a  condition  precedent 
to  the  putting  of  a  name  on  any  caucus  or  convention  ballot  or  nomination  paper  or 
petition,  or  to  the  performance  of  any  duty  imposed  by  law  on  a  political  committee. 

2393.  Public  appointees  not  to  serve  as  delegates  or  committeemen.  No  holder  of 
a  salaried  position  other  than  an  office  filled  by  the  voters  shall  be  a  delegate  to  a 
convention  that  nominates  the  officer  or  b6ard  under  whom  he  directly  or  indirectly 
holds  such  position,  nor  shall  he  be  a  member  of  a  party  committee  for  the  state, 
district,  or  municipality  by  which  he  is  employed. 

2394.  Exchange  of  credentials  prohibited.  No  person  or  persons  shall  invite,  offer, 
or  effect  the  trade,  transfer,  or  exchange  of  any  convention  credentials,  or  the  vote  or 
support  of  any  delegate  or  delegates  to  any  political  convention,  in  exchange  for  any 
money  or  thing  of  value,  or  in  exchange  for  any  credentials  or  for  the  support  or  vote 
of  any  delegate,  for  any  person  or  candidate  for  any  political  office  or  nomination. 

2395.  Violation  of  this  chapter  a  misdemeanor.  Any  person  or  persona  who  shall 
aid,  abet,  or  advise  a  violation  of  this  chapter  shall  be  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof,  shall  be  punished  as  provided  in  this  chapter. 

2396.  Place  of  prosecutions.  Violations  of  this  chapter  may  be  prosecuted  in  the 
county  where  such  payment  or  contribution  is  made,  or  services  rendered,  or  in  any 
county  wherein  such  money  has  been  paid  or  distributed. 

*  2397.  Proceeding  by  electors  for  violation  of  chapter.  1.  If  any  elector  of  the 
state  shall  have  within  his  possession  information  that  any  provision  of  this  chapter 
has  been  violated  by  any  candidate  for  whom  such  elector  had  the  right  to  vote,  or  by 
any  personal  campaign  committee  of  such  candidate,  or  any  member  thereof,  he  may, 
by  verified  petition,  apply  to  the  district  judge  of  the  district  in  which  such  violation 
has  occurred,  to  the  attorney-general  of  the  state,  or  to  the  governor  of  the  state,  for 
leave  to  bring  a  special  proceeding  to  investigate  and  determine  whether  or  not  there 
has  been  such  violation  by  such  candidate  or  by  such  committee  or  member  thereof, 
and  for  appointment  of  special  counsel  to  conduct  such  proceeding  in  behalf  of  the 
state. 

2.  If  it  shall  appear  from  such  petition  or  otherwise  that  such  candidate,  com- 
mittee, or  member  thereof  has  violated  any  provision  of  this  chapter,  and  thai  surncient 
evidence  is  obtainable  to  show  that  there  is  probable  cause  to  believe  thar  such  pro- 
ceeding may  be  successfully  maintained,  then  such  judge,  attorney-general,  or  governor, 
as  the  case  may  be,  shall  grant  leave  to  bring  such  proceeding,  and  shall  appoint  special 
counsel  to  conduct  such  proceeding. 

3.  If  such  leave  be  granted  and  such  counsel  appointed,  such  elector  may,  by  a 
special  proceeding  brought  in  the  district  court  in  the  name  of  the  state  upon  the 
relation  of  such  elector,  investigate  and  determine  whether  or  not  such  candidate, 
committee,  or  member  thereof  has  violated  any  provision  of  this  chapter;  but  nothing 
contained  in  this  chapter  shall  be  considered  as  in  any  way  limiting  the  effect  or 
preventing  the  operation  of  remedies  now  in  existence  in  such  cases. 

2398.  Procedure.  1.  In  such  proceeding  the  complaint  shall  be  served  with  the 
summons,  and  shall  set  forth  the  name  of  the  person  whose  election  is  contested,  and 
the  grounds  of  the  contest  in  detail,  and  shall  not  thereafter  be  amenaec  except  by 
leave  of  the  court.  The  summons  and  complaint  in  the  proceeding  shall  be  filed  within 
live  days  after  service  thereof. 

2.  The  answer  to  the  complaint  shall  be  served  and  filed  within  ten  days  after 
the  service  of  the  summons  and  complaint.  Any  allegation  of  new  matter  in  the 
answer  shall  be  deemed  controverted  by  the  adverse  party  without  reply,  and  there- 
upon said  proceeding  shall  be  at  issue  apd  stand  ready  for  trial  upon  five  days'  notice 
of  trial. 


ELECTIONS— CORRUPT  PRACTICES 5^ 

3.  All  such  proceedings  shall  have  precedence  over  any  civil  cause  of  a  different 
nature  pending  in  such  court,  and  the  court  shall  always  be  deemed  open  for  the  trial 
thereof,  in  or  out  of  term,  and  the  same  shall  be  tried  and  determined  the  same  as  are 
civil  action^,  but  the  court  shall,  without  a  jury,  determine  all  issues  of  fact  as  well  as 
issues  of  law. 

4.  If  more  than  one  proceeding  is  pending,  or  the  election  of  more  than  one 
person  is  investigated  and  contested,  the  court  may,  in  its  discretion,  order  the 
proceedings  consolidated  and  heard  together,  and  may  equitably  apportion  costs  and 
disbursements. 

5.  In  all  such  proceedings  either  party  shall  have  the  right  of  change  of  venue, 
as  provided  by  law  in  civil  actions,  but  application  for  such  change  must  be  made 
within  five  days  after  service  of  summons  and  complaint,  and  the  order  for  such 
change  shall  be  made  within  three  days  after  the  making  of  such  application  and  the 
papers  transmitted  forthwith,  and  any  neglect  of  the  moving  party  to  procure  such 
transmission  within  such  time  shall  be  a  waiver  of  his  right  to  such  change  of  venue. 

6.  If  judgment  is  in  favor  of  the  plaintilT,  the  relator  may  recover  his  taxable 
costs  and  disbursements  against  the  person  whose  right  to  the  office  is  contested,  but 
no  judgment  for  costs  shall  be  awarded  against  the  relator,  unless  it  snail  appear 
that  such  proceeding  has  been  instituted  otherwise  than  in  good  faith.  All  costs  and 
disbursements  in  such  cases  shall  be  in  the  discretion  of  the  court. 

2399.  Id.     Void  elections.     Vacancies.     Findings  in   legislative  elections.     Appeals. 

1.  If  the  court  shall  find  that  the  candidate  whose  right  to  any  office  is  being  inves- 
tigated, or  his  personal  campaign  committee  or  any  member  thereof,  has  violated  any 
provision  of  this  chapter,  in  the  conduct  of  the  campaign  for  nomination  or  election, 
and  if  such  candidate  is  not  one  mentioned  in  subsection  2  hereof,  judgment  shall  be 
entered  declaring  void  the  election  of  such  candidate  to  the  office  tor  which  he  was 
a  candidate,  and  ousting  an  excluding  him  from  office  and  declaring  the  office  vacant. 
The  vacancy  thus  created  shall  be  filled  in  the  manner  provided  by  law,  but  no  person 
found  to  have  violated  any  provision  of  this  chapter  shall  be  eligible  to  fill  any  office 
or  to  become  a  candidate  for  any  office,  candidates  for  which  have  been  voted  for  at 
the  primary  or  election  in  connection  with  which  such  violation  occurrea. 

2.  If  such  proceeding  has  been  brought  to  investigate  the  right  of  a  candidate 
for  member  of  either  house  of  the  state  legislature  or  for  senator  or  representative  in 
congress,  and  the  court  shall  find  that  such  candidate  or  any  member  of  his  personal 
campaign  committee  has  violated  any  provision  of  this  chapter,  in  the  conduct  of  the 
campaign  for  nomination  or  election,  the  court  shall  draw  its  findings  to  such  effect  and 
shall  forthwith,  without  final  adjudication,  certify  its  findings  to  the  secretary  of 
state,  to  be  by  him  transmitted  to  the  presiding  officer  of  the  legislaive  body  as  a 
member  of  which  such  person  is  a  candidate. 

3.  Appeals  may  be  taken  from  the  determination  of  the  court  in  such  proceedings 
in  the  same  manner  as  appeals  may  be  taken  as  provided  by  law  in  civil  actions,  but 
the  party  appealing  shall  in  no  case  be  entitled  to  or  obtain  a  stay  of  proceedings. 
No  injunction  shall  issue  in  any  such  proceeding  suspending  or  staying  any  procedure 
therein  or  connected  therewith,  excdpt  upon  application  to  the  court  or  the  presiding 
judge  thereof  upon  notice  to  all  parties  and  after  hearing. 

4.  No  judgment  entered  as  provided  for  herein  shall  be  any  bar  to  or  affect  In  any 
way  any  criminal  prosecution  of  any  candidate  or  other  person. 

2400.  Special  counsel.  Compensation.  1.  If  the  judgment  of  the  trial  court  is 
appealed  from  in  such  proceeding,  the  district  judge,  the  attorney-general,  or  the 
governor  who  made  the  appointment  of  special  counsel  for  the  trial  court,  shall  author- 
ize such  counsel  so  appointed,  or  some  other  person,  to  appear  as  special  counsel  in 
the  supreme  court  in  such  matter. 

2.  The  special  counsel  provided  for  by  this  chapter,  shall  receive  a  reasonable 
compensation  for  his  services,  not  to  exceed,  however,  $25  per  day  for  the  time 
actually  spent  in  conducting  the  proceedings  in  the  trial  court  or  upon  appeal,  and  not 
to  exceed  $10  per  day  for  the  time  necessarily  expended  in  preparation  therefor.  Such 
compensation  shall  be  audited  by  the  secretary  of  state,-  and  paid  out  of  the  state 
treasury  upon  a  voucher  and  upon  the  certificate  of  the  officer  appointing  such  counsel 
to  the  effect  that  such  appointment  has  been  duly  made,  that  the  person  so  appointed 
has  faithfully  performed  the  duties  imposed  upon  him,  and  that  the  number  of  days 
stated  in  such  voucher  have  been  consumed  in  conducting  such  litigation  and  in 
preparation  therefor.  Such  compensation  shall  be  audited  and  paid  in  the  same  manner 
as  other  claims  against  the  state  are  audited  and  paid. 


54 ELECTIONS— CORRUPT  PRACTICES 

2401.  Witnesses  must  testify.  Exemptions  from  prosecution.  No  person  shall  be 
excused  from  testifying  in  such  proceeding,  or  in  any  proceeding  for  violation  of  or  grow- 
ing out  of  the  provisions  of  this  chapter,  on  the  ground  that  his  testimony  may  expose 
him  to  prosecution  for  any  crime,  misdemeanor,  or  forfeiture.  But  no  person  shall  be 
prosecuted,  or  subjected  to  any  penalty  or  forfeiture,  except  forfeiture  of  nomination  or 
election  to  office,  for  or  on  account  of  any  transaction,  matter,  or  thing  concerning  which 
he  may  testify  or  produce  evidence,  documentary  or  otherwise,  in  such  proceeding  or 
examination,  except  a  prosecution  for  perjury  committed  in  giving  such  testimony. 

2402.  Conviction  of  candidates  or  committeemen.  Punishment,  Supplemental  judg- 
ments. 1.  If  any  person  shall,  in  a  criminal  action,  be  judged  to  have  been  guilty  of 
any  violation  of  this  chapter,  while  a  candidate  for  any  office  under  the  constitution 
or  laws  of  this  state,  or  under  any  ordinance  of  any  town  or  municipality  herein,  other 
than  the  office  of  state  senator  or  state  representative,  the  court  shall,  after  entering 
the  adjudication  of  guilty,  enter  a  supplemental  judgment  declaring  such  person  to 
have  forfeited  the  office  in  the  conduct  of  the  campaign  for  the  nomination  or  election 
to  which  he  was  guilty  of  such  violation,  and  shall  transmit  to  the  filing  officer  of 
such  candidate  a  transcript  of  such  supplemental  judgment,  and  thereupon  such  office 
shall  be  deemed  vacant  and  shall  be  filled  as  provided  by  law. 

2.  If  any  person  shall,  in  a  similar  action,  be  found  guilty  of  any  violation  of  this 
chapter,  committed  while  he  was  a  member  of  the  personal  campaign  committee  of  any 
candidate  for  any  such  office,  the  court  before  which  such  action  is  tried  shall,  immedi- 
ately after  entering  such  adjudication  of  guilty,  enter  a  supplemental  judgment  declar- 
ing such  candidate  to  have  forfeited  the  office  in  the  conduct  of  the  campaign  for 
nomination  or  election  to  which  such  member  of  his  personal  campaign  committee 
was  guilty  of  such  violation,  and  shall  transmit  to  the  filing  officer  of  such  candidate 
a  transcript  of  such  supplemental  judgment,  and  thereupon  such  office  shall  be  deemed 
vacant  and  shall  be  filled  as  provided  by  law. 

3.  If  any  person  shall,  in  a  criminal  action,  be  adjudicated  guilty  of  any  violation 
of  this  chapter,  committed  while  he  was  a  candidate  for  the  office  of  state  senator,  state 
representative.  United  States  senator,  or  representative  in  congress,  or  while  he  was 
a  member  of  the  personal  campaign  committee  of  any  such  candidate,  the  court,  after 
entering  such  adjudication  of  guilty,  shall  forthwith  transmit  to  the  presiding  officer 
of  the  legislative  body  as  a  member  of  which  such  officer  was  a  candidate  when 
such  violation  occurred,  a  certificate  setting  forth  such  adjudication  of  guilt. 

4.  Any  court  having  jurisdiction  1o  enter  judgment  of  guilty  in  any  such  criminal 
action  is  hereby  vested  with  jurisdiction  to  enter  such  supplemental  judgment,  transmit 
a  transcript  thereof,  and  issue  a  certificate  as  provided  in  this  section. 

2403.  Employment  of  counsel  by  defense.  Costs.  Nothing  contained  in  this  chapter 
shall  prevent  any  candidate  from  employing  counsel  to  represent  him  In  any  action  or 
proceeding  affecting  his  rights  as  a  candidate,  nor  from  paying  all  costs  and  disburse- 
ments necessarily  incident  thereto.  No  sum  so  paid  or  incurred  shall  be  deemed  a 
part  of  the  campaign  expenses  of  any  such  candidate. 

2404.  Punishment  other  than  herein  provided.  Any  person  violating  any  pro- 
vision of  this  chapter  shall,  upon  conviction  thereof,  be  punished,  unless  otherwise 
herein  provided,  by  imprisonment  in  the  county  jail  for  a  period  of  not  less  than  one 
month. nor  more  than  one  year,  or  by  imprisonment  in  the  state  prison  for  a  period 
of  not  less  than  one  year  nor  more  than  three  years,  or  by  a  fine  of  not  less  than  $25» 
nor  more  than  $1000,  or  by  both  such  fine  and  imprisonment;  and  no  person  so  con- 
victed shall  be  permitted  to  take  or  hold  the  office  to  which  he  was  elected,  if  any,  or 
receive  the  emoluments  thereof. 

2405.  Repeal.  Section  897,  Compiled  Laws  of  Utah,  1907,  and  all  other  chapters 
or  parts  of  chapters  in  conflict  with  any  provisions  of  this  chapter  are  hereby  repealed. 

2406.  Validity  of  chapter.  In  the  event  that  any  provision  or  paragraph  or  part 
of  this  chapter  shall  be  questioned  in  any  court  and  shall  be  held  to  be  invalid  the 
remainder  of  the  chapter  shall  not  be  invalidated,  but  shall  remain  in  full  force  and 
effect. 


ELECTIONS— CONTESTS  55 


Election  Contests 

2410.  Grounds  for  contest  of  election,  location  of  county  seat,  etc.  The  election 
of  any  person  to  any  public  office,  the  location  or  relocation  of  a  county  seat,  or  any 
proposition  submitted  to  a  vote  of  the  people,  may  be  contested: 

1.  For  malconduct,  fraud,  or  corruption  on  the  part  of  the  judges  of  election 
at  any  polling  place,  or  of  any  board  of  canvassers,  or  any  member  of  either  board, 
sufficient  to  change  the  result; 

2.  When  the  incumbent  was  not  eligible  to  the  office  at  the  time  of  the  election; 

3.  When  the  incumbent  has  given  or  offered  to  any  elector  or  any  judge  or  can- 
vasser of  the  election,  any  bribe  or  reward  in  money,  property,  or  anything  of  value, 
for  the  purpose  of  procuring  his  election,  or  has  committed  any  other  offense  against 
the  elective  franchise  defined  by  law; 

4.  When  illegal  votes  have  been  received,  or  legal  votes  have  been  rejected  at 
the  polls  sufficient  to  change  the  result; 

5.  For  any  error  of  any  board  of  canvassers  or  of  the  judges  of  election  in 
counting  the  votes  or  declaring  the  result  of  the  election,  if  the  error  would  change 
the  result; 

6.  For  any  other  cause  which  shows  that  another  person  was  legally  electea. 
The   term    incumbent    in    this    section    means    the    person    whom    the    canvassers 

declare  elected. 

2411.  Irregularity  not  a  basis  of  contest.  Exception.  No  Irregularity  or  im- 
proper conduct  in  the  proceedings  of  the  judges,  or  any  of  them,  is  such  malconduct  as 
avoids  an  election,  unless  the  irregularity  or  improper  conduct  is  such  as  to  procure 
the  person  whose  right  to  the  office  is  contested  to  be  declared  elected  when  he  had 
not  received  the  highest  number  of  legal  votes. 

2412.  Election  set  aside  for  malconduct  only  when  result  changed.  When  any 
election  held  for  an  office  exercised  in  and  for  a  county  is  contested  on  account  of  any 
malconduct  on  the  part  of  a  judge  or  the  judges  of  any  election  district,  the  election 
cannot  be  annulled  and  set  aside  upon  any  proof  thereof,  unless  the  rejection  of  the 
vote  of  such  district  or  districts  would  change  the  result  as  to  such  office  in  the  re- 
maining vote  of  the  county. 

2413.  Contest  to  be  filed  within  forty  days.  Statement.  When  an  elector  contests 
the  right  of  any  person  declared  elected  to  such  office,  he  must,  within  forty  days  after 
the  return  day  of  the  election,  file  with  the  clerk  of  the  district  court  or  the  county 
within  or  for  which  such  office  is  to  be  exercised  a  written  statement,  setting  forth 
specifically: 

1.  The  name  of  the  party  contesting  such  election,  and  that  he  is  an  elector  of 
the  county,  precinct,  city,  school  district,  or  of  any  subdivision  of  either,  as  the  case 
may  be,  in  which  the  election  was  held; 

2.  The  name  of  the  person  whose  right  to  the  office  is  contested; 

3.  The  office; 

4.  The  particular  grounds  of  such  contest; 

Which  statement  must  be  verified  by  the  affidavit  of  the  contesting  party,  that 
the  matters  and  things  therein  contained  are  true,  except  as  to  those  matters  therein 
stated  upon  his  information  or  belief,  and  that  as  to  those  matters  he  believes  it  to 
be  true. 

2414.  Id.  Sufficiency  of  statement.  Names  of  witnesses  to  be  given,  when.  When 
the  reception  of  illegal  votes  or  the  rejection  of  legal  votes  is  alleged  as  a  cause  of 
contest,  it  is  sufficient  to  state  generally,  that  in  one  or  more  specified  districts  or 
polls  illegal  votes  were  given  to  the  person  whose  election  is  contested,  which,  if  taken 
from  him,  would  reduce  the  number  of  his  legal  votes  below  the  number  of  legal  votes 
given  to  some  other  person  for  the  same  office;  or  that  legal  votes  for  another  person 
were  rejected,  which,  if  counted,  would  raise  the  number  of  legal  votes  for  such  person 
above  the  number  of  legal  votes  cast  for  the  person  whose  election  is  contested;  but 
no  testimony  can  be  received  of  any  such  votes,  unless  the  party  contesting  such  election 
deliver  to  the  opposite  party,  at  least  three  days  before  such  trial,  a  written  list  of 


56  ELECTIONS— CONTESTS 


the  number  thereof,  and  by  whom  given  or  offered,  which  he  intends  to  prove  on  such 
trial;  and  no  testimony  can  be  received  of  any  such  votes  except  such  as  are  specified 
in  such  list. 

2415.  Statement  not  rejected  nor  proceeding  dismissed  for  want  of  form.  No  state- 
ment of  the  grounds  of  contest  will  be  rejected,  nor  the  proceedings  dismissed  by  a'ny 
court  for  want  of  form,  if  the  grounds  of  contest  are  alleged  with  such  certainty  as 
will  advise  the  defendant  of  the  particular  proceeding  or  cause  for  which  such  election 
Is  contested. 

2416.  Court  to  fix  time  for  hearing  contest.  Upon  the  statement  being  filed,  the 
clerk  must  inform  the  judge  of  the  district  court  thereof;  the  judge  of  said  court  must 
then,  by  an  order  to  be  entered  by  the  clerk,  name  some  day,  not  less  than  ten  nor 
more  than  thirty  days  from  the  date  of  the  filing  of  such  statement,  to  hear  and 
determine  such  contested  election. 

2417.  Citation  to  defendant.  Service.  The  clerk  must  thereupon  issue  a  citation 
for  the  person  whose  right  to  the  office  is  contested  to  appear  at  the  time  and  place 
specified  in  the  order,  which  citation  must  be  delivered  to  the  sheriff,  and  be  served 
either  upon  the  party  in  person,  or,  if  he  cannot  be  found,  by  leaving  ti  copy  thereof 
at  the  house  where  he  last  resided,  at  least  five  days  before  the  time  so  specified. 

2418.  Hearing  contest.  Continuance  on  terms.  The  court  must  meet  at  the  time 
and  place  designated  to  determine  such  contested  election,  and  shall  have  all  the 
powers  necessary  to  the  determination  thereof.  It  may  adjourn  the  hearing  and  trial 
from  day  to  day  until  such  trial  is  ended,  and  may  also  continue  the  trial,  before  its 
commencement,  for  any  time  not  exceeding  twenty  days,  for  good  cause  shown  by 
either  party  upon  affidavit,  at  the  cost  of  the  part  applying  for  such  continuance. 

2419.  Judgment  confirming  or  annulling  election.  After  hearing  the  proofs  and 
allegations  of  the  parties,  the  court  must  pronounce  judgment  in  the  premises,  either 
confirming  or  annulling  and  setting  aside  such  election. 

2420.  Order  for  production  of  ballots.  Inspection  in  open  court.  If  an  inspection 
of  the  ballots  of  any  election  district  or  polling  place  in  this  state  shall  be  necessary 
for  the  determination  of  any  election  contest  before  any  court,  the  judge  thereof  may, 
by  order,  naming  the  district  or  polling  place,  require  the  proper  officer  to  procure  the 
same  from  the  person  in  whose  possession  or  custody  the  same  may  be,  and  such  cus- 
todian shall  deliver  the  same  to  said  officer,  who  shall  deliver  them  unopened  to  such 
judge.  The  judge  shall  open  and  inspect  the  same  in 'open  court  in  the  presence  of 
the  parties  or  their  attorneys,  and  immediately  after  such  inspection  shall  seal  them 
in  an  envelope  and  return  them,  by  mail  or  otherwise,  to  the  office  of  the  legal 
custodian. 

2421.  Person  having  highest  vote  declared  elected.  If  in  any  such  case  it  appears 
that  a  person  other  than  the  one  returned  has  the  highest  number  of  legal  votes,  the 
court  must  declare  such  person  elected. 

2422.  Judgment  for  costs.  If  the  proceedings  are  dismissed  for  insufficiency,  or 
want  of  prosecution,  or  the  election  is  by  the  court  confirmed,  judgment  for  costs 
must  be  rendered  against  the  party  contesting  such  election,  and  in  favor  of  the  party 
whose  election  was  contested;  but  if  the  election  is  annulled  and  set  aside,  judgment 
for  costs  i^ust  be  rendered  against  the  party  whose  election  was  contested,  and  in  favor 
of  the  party  contesting  the  same.  Primarily,  each  party  is  liable  for  the  costs  created 
by  himself,  to  the  officers  and  witnesses  entitled  thereto,  which  may  be  collected  in 
the  same  manner  as\similar  costs  are  collected  in  other  cases. 

2423.  Appeals.  Execution  not  stayed  except  for  costs.  Either  party  aggrieved 
by  the  judgment  may  appeal  therefrom  to  the  supreme  court,  as  in  other  cases  of 
appeal  thereto  from  the  district  court,  but  such  appeal  must  not  stay  execution  or 
proceedings,  except  execution  for  costs. 

2424.  Effect  of  not  appealing  within  ten  days.  Whenever  an  election  is  annulled 
or  set  aside  by  the  judgment  of  the  district  court,  and  no  appeal  has  been  taken  within 
ten  days  thereafter,  the  commission,  if  any  has  been  issued,  is  void,  and  the  offica 
vacant. 


ELECTIONS— CONSTITUTIONAL  AMENDMENTS  57 


Preparation  and  Distribution  of  Statements  Concern- 
ing Proposed  Constitutional  Amendments 

22C0.  Persons  designated  to  prepare  statements.  Su.bnrritted  to  secretary  of  state. 
Time  fixed.  Whenever  the  legislature  shall  propose  any  amendment  to  the  consti- 
tution of  this  state  to  be  voted  upon  by  the  electors  of  this  state,  the  author  of  such 
amendment  and  one  member  of  the~same  house  who  voted  with  the  majority  on  the 
submission  of  such  amendment  shall  be  appointed  as  a  committee  of  two  by  the 
presiding  officer  of  such  house,  before  the  adjournment  of  the  legislature,  to  draft  an 
argument  giving  the  reasons  for  the  adoption  of  such  amendment,  which  argument 
shall  be  not  more  than  five  hundred  words  in  length.  If  the  author  of  such  amendment 
shall  desire  separate  arguments  to  be  written  in  favor  thereof  by  each  member  of  the 
committee,  such  separate  arguments  shall  not  be  more  than  five  hundred  words.  At 
the  same  time  said  committee  of  two  is  appointed,  one  member  of  the  same  house  who 
voted  with  the  minority  against  the  submission  of  such  amendment,  if  there  was  any 
such  minority  vote,  shall  be  selected  by  the  presiding  officer  of  such  house  as  a  com- 
mittee of  one  to  write  an  argument  against  such  amendment,  and  such  argument  shall 
be  not  more  than  five  hundred  words  in  length.  These  articles  shall  be  submitted  to 
the  secretary  of  state  within  ninety  days  after  the  adjournment  of  the  legislature, 
subject  to  amendment  or  change  by  the  committee  submitting  them  at  any  time  within 
one  year  after  such  adjournment,  such  amendment  to  be  substituted  by  the  secretary 
of  state  in  lieu  of  the  original.  In  case  either  the  argument  for  or  tne  argument 
against  such  amendment  has  not  been  filed  'by  a  member  of  the  legislature  within  one 
year  from  the  final  adjournment  thereof,  or  in  case  no  committee  was  appointed  to 
write  it,  any  elector  may  request  the  presiding  officer  of  the  house  in  which  said  amend- 
ment originated  for  permission  to  prepare  and  file  an  argument  for  such  amendment, 
and  any  other  elector  may  request  such  officer  for  permission  to  prepare  and  file  an 
argument  against  the  same.  The  presiding  officer  of  such  house  shall  grant  such 
permission;  or,  if  there  be  more  than  one  elector  requesting  such  permsision,  shall 
designate  the  person  to  prepare  and  file  such  statement,  either  for  or  against  such 
amendment. 

2201.  Pamphlets  to  be  distributed.  Contents.  How  arranged.  Title  and  number. 
The  secretary  of  state  shall  cause  to  be  printed  one  and  one-fifth  times  as  many 
pamphlets  as  there  are  registered  voters  in  the  state.  Such  pamphlets  shall  contain  a 
complete  copy  of  all  constitutional  amendments,  a  copy  of  the  correspoi^ding  con- 
stitutional provisions  as  then  in  force,  if  any.  The  parts  of  the  proposed  amendments 
differing  from  the  existing  provisions  shall  therein  be  distinguished  in  print,  so  as  to 
facilitate  comparison.  All  constitutional  amendments  which  are  to  be  submitted  to  a 
vote  of  the  people  shall  be  printed  in  said  pamphlets,  so  far  as  possible,  in  the  same 
order,  manner,  and  form  in  which  the  same  shall  be  designated  upon  the  ballot,  and 
shall  be  designated  thereon  by  the  respective  ballot  titles  or  designations  which  may 
be  provided  therefor.  Said  ballot  titles  shall  be  numbered  consecutively  and  printed 
on  the  pamphlets  herein  referred  to  immediately  preceding  the  particular  question, 
proposition,  measure,  or  constitutional  amendment  therein  referred  to.  There  shall  also 
be  printed  on  said  pamphlets  the  copy  of  said  ballot  title  or  designation  as  the  same 
will  appear  on  the  ballots  when  voted  on  in  the  order  and  with  the  proper  number, 
which  ballot  title  or  designation  shall  be  the  method  by  which  said  constitutional  amend- 
ments shall  be  designated  on  the  ballots. 

2202.  Copies  to  be  furnished  county  clerks  and  sent  to  voters  and   polling   places. 

Not  less  than  thirty  days  before  the  election  next  ensuant  at  which  such  amendments 
are  to  be  voted  on,  the  secretary  of  state  shall  duly  certify  such  pamphlet  and  the 
matters  contained  therein,  and  furnish  each  county  clerk  in  the  state  with  one  and  one- 
fifth  times  as  many  copies  of  such  pamphlets  as  there  are  registered  voters  in  his 
county.  The  clerk  of  each  county  shall,  not  more  than  twenty-five  nor  less  than  fifteen 
days  prior  to  said  election,  cause  to  be  mailed  to  each  voter  a  copy  of  such  pamphlet, 
and  no  other  publication  of  such  amendments  shall  be  necessary  or  authorized,  except 
such  as  are  provided  by  the  constitution.  Three  copies  of  such  pamphlets,  to  be 
supplied  by  the  secretary  of  state,  shall  be  kept  at  every  polling  place,  while  an  election 
is  in  progress,  so  that  they  may  be  freely  consulted  by  the  electors. 


58  ELECTIONS— INITIATIVE   AND   REFERENDUM 


Initiative  and  Referendum 


2290.  Initiation  and  reference  of  legislation.  Subject  to  the  provisions  of  this 
chapter,  legal  voters  of  the  state  of  Utah,  in  such  numbers  as  herein  required,  may, 
by  joining  in  a  petition  for  that  purpose,  filed  in  the  office  of  the  secreiary  of  state  as 
hereinafter  provided,  initiate  any  desired  legislation  and  cause  the  same  to  be 
submitted  to  the  legislature  or  to  a  vote  of  the  people  for  approval  or  rejection,  or 
may  require  any  law  passed  by  the  legislature  (except  those  laws  passed  by  a  two- 
third  vote  of  the  members  elected  to  each  house  of  the  legislature)  to  be  referred 
to  the  voters  of  the  state  before  such  law  shall  take  effect;  provided,  that  in  order 
to  make  any  such  petition  mandatory,  a  majority  of  all  the  counties  of  the  state  must 
each  .furnish  signatures  of  legal  voters  not  less  in  number  than  the  percentages  herein 
required. 

2291.  Petition.  Action  by  legislature.  Referendum.  Upon  the  presentation  to 
the  secretary  of  state,  at  any  time  not  less  than  ten  days  before  the  commencement 
of  any  regular  session  of  the  legislature,  of  an  initiative  petition  signed  as  herein  pro- 
vided by  legal  voters  of  the  state  equal  in  number  to  5  per  cent  of  all  the  votes  cast 
for  all  candidates  for  governor  at  the  last  preceding  general  election  at  which  a  governor 
was  elected,  the  secretary  of  state  shall  transmit  the  same  to  the  legislature  as  soon 
as  it  convenes  and  organizes.  The  law  proposed  by  such  petition  shall  either  be 
enacted  or  rejected  without  change  or  amendment  by  the  legislature.  If  any  law 
proposed  by  such  petition  shall  be  enacted  by  the  legislature  it  shall  be  subject  to 
referendum  petition  in  like  manner  as  other  laws.  If  any  law  so  petitioned  for  be  not 
enacted  by  the  legislature,  it  shall  be  submitted  to  a  vote  of  the  people  at  the  next 
ensuing  general  election,  provided  additional  signatures  to  the  petition  are  first 
obtained  to  bring  the  total  number  of  signatures  up  to  10  per  cent  of  all  votes  cast 
for  all  candidates  for  governor  at  the  last  preceding  general  election  at  which  a  gover- 
nor was  elected. 

2292.  Submission  by  direct  petition.  Upon  the  presentation  to  the  secretary  of 
state,  at  any  time  not  less  than  four  months  before  any  general  election,  of  an  initiative 
petition,  signed  as  herein  provided  by  legal  voters  equal  in  number  to  10  per  cent  of 
all  the  votes  cast  for  all  candidates  for  governor  at  the  last  preceding  general  election 
at  which  a  governor  was  elected,  proposing  a  law  set  forth  in  said  petition,  the  secre- 
tary of  state  shall  submit  the  said  proposed  law  to  a  vote  of  the  people  at  the  next 
enpuing  general  election. 

2293.  Submission  of  act  of  legislature.  Upon  the  presentation  to  the  stcretary 
of  state,  within  sixty  days  after  the  final  adjournment  of  the  legislature,  of  a  petition 
signed  as  herein  provided  by  legal  voters  equal  in  number  to  10  per  cent  of  all 
the  votes  cast  for  all  candidates  for  governor  at  the  last  preceding  general  election  at 
which  a  governor  was  elected,  asking  that  any  act,  or  section  or  part  of  any  act,  of 
the  legislature  be  submitted  to  the  people  for  their  approval  or  rejection,  the  secretary 
of  state  shall  submit  to  the  people  for  their  approval  or  rejection  such  act,  or  section 
or  part  of  such  act,  at  the  next  succeeding  general  election. 

2294.  Legislative  acts  effective.  No  act  passed  by  the  legislature  snali  go  into 
effect  until  sixty  days  after  the  final  adjournment  of  the  session  of  tne  legislature 
which  passed  the  act,  except  laws  passed  by  a  two-thirds  vote  of  the  members  elected 
to  each  house  of  the  legislature.  When  a  referendum  petition  has  been  filed,  the  act 
shall  not  go  into  effect  unless  and  until  it  shall  be  approved  by  a  vote  of  the  people 
at  the  next  ensuing  general  election. 

2295.  Elective  acts  effective.  Veto.  Amendments.  Any  act  or  law  submitted  to  the 
people  by  either  initiative  or  referendum  petition,  and  approved  by  a  majority  of  the 
votes  cast  thereon  at  any  election,  shall  take  effect  five  days  after  the  date  of  the 
official  proclamation  of  the  vote  by  the  governor.  No  act  or  law  adop^^ed  by  the 
people  shall  be  subject  to  veto  by  the  governor,  but  acts  and  laws  approved  by  the 
people  under  the  referendum  provisions  hereof  may  be  amended  by  the  legislature  at 
any  subsequent  session  thereof. 

2296.  Procedure.  Sponsors.  Information.  The  procedure  to  be  followed  in  initiat- 
ing or  referring  any  act  or  law  shall  be  as  follows: 


ELECTIONS— INITIATIVE  AND   REFERENDUM  .59 


An  application,  hereinafter  known  as  the  application  for  "petition  copies,"  having 
annexed  thereto  five  copies  of  the  proposed  law,  shall  be  filed  in  the  office  of  the 
secretary  of  state.  The  application  shall  be  signed  by  not  fewer  than  five  persons, 
hereinafter  designated  as  "sponsors^'  The  sponsors  shall  sign  their  names  to  said 
application,  together  with  their  residences,  including  the  street  and  number  of  such 
residences,  if  they  can  be  so  designated.  The  sponsors  shall  be  qualified  electors  of 
the  state  of  Utah,  and  shall  acknowledge  their  signatures  under  oath  before  some 
officer  competent  to  administer  oaths,  who  is  personally  acquainted  with  them;  they 
shall  likewise  be  required  to  swear  before  such  officer  that  they  have  voted  in  some 
general  election  held  within  the  county  in  which  they  reside,  within  three  years  next 
preceding  the  date  of  their  taking  the  oath,  and  such  affidavit  of  electoral  qualification 
must  appear  on  the  application  containing  their  signatures,  or  on  a  paper  annexed 
thereto. 

It  shall  be  the  duty  of  the  secretary  of  state  to  inform  any  person  making  inquiry 
in  regard  thereto  of  the  number  of  votes  cast  for  governor  in  the  last  preceding  general 
election  atwhich  a  governor  was  elected,  as  the  same  appears  from  the  official  canvass 
of  such  election  of  record  in  the  office  of  the  secretary  of  state. 

2297.  Signatures.  Circulating  sheets.  Certificates.  All  the  signatures  to  any 
petition  for  the  initiative  or  referendum  shall  be  signed  in  the  office  and  in  the  presence 
of  an  officer  competent  to  administer  oaths,  and  shall  be  placed  on  sheets  of  paper, 
known  as  "circulation  sheets,"  substantially  fourteen  inches  long  and  nine  inches  wide. 
Such  circulation  sheets  shall  be  ruled. with  a  horizontal  line  one  and  one-half  inches 
from  the  top  thereof.  The  space  above  this  line  shall  remain  blank  and  shall  be  for 
the  purpose  of  binding.  The  circulation  sheet  shall  be  vertically  divided  into  two 
columns.  The  first  column  shall  be  three  and  one-half  inches  in  width,  measured  from 
the  left  edge  of  the  sheet,  and  shall  be  for  the  purpose  of  containing  the  signatures. 
The  second  column  shall  encompass  the  remainder  of  the  width  of  the  sheet,  and  shall 
be  the  space  on  which  shall  be  placed  the  postoffice  addresses  of  the  signers,  together 
with  the  street  numbers,  if  the  residence  of  the  signer  can  be  so  designated,  and 
the  address  of  such  signer  shall  be  written  opposite  his  name  on  the  same  line. 

At  the  top  of  each  sheet,  under  the  one  and  one-half  inch  blank  margin,  shall  be 
printed  in  suitable  type  the  word  "Warning,"  under  which  shall  be  printed  In  eight- 
point  type,  single  leaded,  the  following: 

"It  is  a  felony  for  any  one  to  sign  any  initiative  or  referendum  petition  with  any 
other  name  than  his  own,  or  knowingly  to  sign  his  name  more  than  once  for  the 
same  measure,  or  to  sign  such  petition  when  he  knows  he  is  not  a  legal  voter." 

Each  sheet  shall  contain  under  said  printing  twenty-five  horizontal  ruled  lines, 
three-eighths  of  an  Inch  apart.  Upon  the  back  of  each  sheet  shall  be  printed  the 
following: 

State  of  Utah,  county  of ss. 

I of  ,  hereby  certify  that  all  the  names  which  appear 

on  this  sheet  were  signed  by  persons  who  professed  to  be  the  persons  whose  names 
appear  thereon,  and  each  of  them  signed  his  name  thereto,  in  my  office  and  in  my 
presence;  I  believe  that  each  has  signed  his  name,  postoffice  address,  and  residence 
correctly,  and  that  each  signer  is  a  legal  voter  of  the  state  of  Utah. 


(Notary  public  or  other  official  title.) 

It  shall  be  the  duty  of  the  secretary  of  state,  upon  payment  of  the  fees  hereinafter 
required,  to  furnish  the  number^  of  circulation  sheets  requested  in  the  application  of 
the  sponsors,  and  to  make  them  up  into  sets  as  hereinafter  specified,  according  to 
instructions   contained  in  the   specifications. 

2298.  Form  for  measures  by  initiation.  The  following  shall  be  substantially  the 
form  of  petition  for  any  measure  proposed  by  the  initiative: 


60 ELECTIONS— INITIATIVE  AND   REFERENDUM 

INITIATIVE  PETITION. 

To  the  honorable secretary  of  state: 

"We,  the  undersigned  citizens  and  legal  voters  of  the  state  of  Utah,  respectfully 
demand  that  the  following  proposed  law  (here  follows  proposed  law),  shall  be  sub- 
mitted to  the  legal  voters  (or  legislature)  of  the  state  of  Utah,  for  their  (or  its) 
approval  or  rejection  at  the  regular  election  to  be  held,  (or  session  commencing),  on 
the  day  of 19 „.,  and  each  for  himself  says:  I  have  person- 
ally signed  this  petition;  I  am  a  legal  voter  of  the  state  of  Utah;  my  residence  and 
postoffice  address  are  correctly  written  after  my  name. 


2299.  Form  for  referendum.  The  following  shall  be  substantially  the  form  of 
petition  for  the  referendum  to  the  electors  of  any  act  passed  by  the  legislature  of 
the  state  of  Utah: 


PETITION  FOR  REFERENDUM. 

To  the  honorable - -,  secretary  of  state: 

We,  the  undersigned  citizens  and  legal  voters  of  the  state  of  Utah,  respectively 

order  that  senate  (or  house)  bill  No ,  entitled  (title  of  act,  and  if  the  petition 

is  against  less  than  the  whole  act,  then  set  forth  here  the  part  or  parts  on  which  the 

referendum  is  sought),  passed  by  the  session  of  the  legislature  of  the  state 

of  Utah,  be  referred  to  the  people  of  the  state  of  Utah,  for  their  approval  or  rejection, 

at  the  regular  election  to  be  held  on  the  day  of ,  19 ,  and  each  for 

himself  says:  I  have  personally  signed  this  petition;  I  am  a  legal  voter  of  the  state 
of  Utah;  my  residence  and  postoffice  address  are  correctly  written  after  my  name. 

2300.  Printing  petition.  Upon  payment  of  the  fees,  as  hereinafter  specified,  the 
secretary  of  state  shall  cause  to  be  printed  copies  of  the  form  of  petition  above  set 
nut.  properly  completed  by  inclusion  of  the  matter  required,  sufficient  in  number  to 
fulfill  the  requirement  of  the  sponsors,  as  designated  by  their  application  for  petition 
copies - 

In  arriving  at  the  number  of  circulation  sheets  and  petition  copies  which  they  may 
require,  the  sponsors  shall  specially  take  into  consideration  the  provisions  of  §  2301. 

2301.  Circulation  sheets.  The  petition,  for  purpose  of  circulation,  may  be  divided 
into  sections,  each  section  to  contain  not  more  than  fifty  circulation  sheets.  No 
section,  however,  shall  be  circulated  for  signatures,  unless  it  has  attached  to  the 
front  sheet  thereof  a  certified  petition  copy,  as  described  in  §  2300.  The  sponsors  shall 
set  out  in  their  application  for  petition  copies  the  number  of  sections  into  which  each 
petition  is  to  be  divided  for  circulation,  and  the  number  of  circulation  sheets  which 
it  is  desired  that  each  section  shall  contain,  it  being  expressly  understood  that  there 
need  be  no  uniformity  as  to  the  number  of  circulation  sheets  contained  in  the  sections. 
The  secretary  of  state  shall  make  up  the  sections  as  specified,  attaching  to  the  front 
of  eaqh  section  a  petition  copy  as  above  described,  and  he  shall  securely  bind  together 
the  sheets  of  each  section  at  the  top  thereof  in  such  a  way  that  the  sections  may  be 
conveniently  opened  for  signing.  The  secretary  of  state  shall  number  each  section  and 
keep  a  record  of  the  numbers  of  all  these  sections  delivered  to  the  sponsors. 

2302.  Fees.  Bids.  Duties  of  secretary  of  state.  Upon  filing  the  application  for 
petition  copies,  the  sponsors  shall  pay  a  fee  of  $10,  for  all  services  to  be  performed 
in  connection  with  said  petition.  The  secretary  of  state  shall  determine  from  said 
application  (or  if  unable  to  determine  therefrom,  shall  notify  the  sponsors  of  such  in- 


ELECTIONS— INITIATIVE   AND   REFERENDUM 6i 

ability,  whereupon  said  sponsors  shall,  by  supplementary  application,  distinctly  set  out 
their  instructions  as  to  the  same)  the  number  of  petition  sections  desired,  and  the 
number  of  circulation  sheets  required  for  each  section.  He  shall  forthwith,  upon  such 
determination,  which  determination  shall  be  made  within  three  days  after  the  filing 
of  the  application,  solicit,  from  not  less  than  three  competent  printers,  bids  for  the 
printing  of  the  required  number  of  petition  copies,  together  with  the  certificate  of  the 
secretary  of  state  that  the  law  contained  thereon  is  a  full,  true,  and  correct  copy  of  the 
law  as  proposed  by  the  sponsors  for  initiation,  or  the  true  and  correct  number  and 
title  of  the  law  as  proposed  for  referendum.  The  body  of  said  petition  shall  be  printed 
in  six-point  type,  single  leaded.  The  requisition  for  bids  shall  so  specify.  Within 
ten  days  after  the  filing  of  the  application  for  the  petition  copies  and  circulation 
sheets,  the  secretary  of  state  shall  notify  one  or  more  of  the  sponsors  of  the  lowest 
and  best  bid  received  from  the  requisitions  made,  and  the  secretary  of  state  shall 
require  the  payment  of  said  price  into  his  office  before  he  shall  proceed  with  the  peti- 
tion. The  secretary  of  state  shall  also  require  the  payment  of  50  cents  per  hundred  for 
all  circulation  sheets  furnished  to  the  sponsors.  Upon  payment  of  these  amounts,  the 
secretary  of  state  shall  order,  from  the  printer  submitting  the  said  lowest  and  best 
bid,  the  required  number  of  petition  copies,  containing  his  certificate  thereon  as  above 
specified.  The  secretary  of  state  shall,  within  ten  days  after  the  payment  of  the 
amounts  above  specified,  make  up  into  sections  said  petition  copies  and  circulation 
sheets,  as  above  provided. 

2303.  Signatures  by  electors.  Every  person  who  is  a  qualified  elector  of  the 
state  of  Utah  may  sign  a  petition  for  the  referendum  or  for  the  initiation  of  any 
measure  upon  which  he  is  legally  entitled  to  vote.  Any  person  signing  any  name 
other  than  his  own  to  any  petition,  or  knowingly  signing  his  name  more  than  once 
for  the  same  measure  at  one  election,  or  who  is  not  at  the  time  of  signing  the  same 
a  legal  voter  of  this  state,  or  any  officer  or  person  knowingly  and  wilfully  violating 
any  provision  of  this  chapter,  shall,  upon  conviction  thereof,  be  punished  by  a  fine  not 
exceeding  $500,  or  by  imprisonment  in  the  state  prison  not  exceeding  two  years,  or 
by  both  fine  and  imprisonment  in  the  discretion  of  the  court  before  which  such  a 
conviction  shall  be  had. 

2304.  Verification  of  petitions.  Each  and  every  sheet  of  the  petition  containing 
signatures  shall  be  verified  on  the  back  thereof,  as  prescribed  in  the  blank  cerification 
printed  thereon,  by  the  officer  in  whose  presence  the  sheets  were  signed.  The  forms 
prescribed  in  this  chapter  are  not  mandatory,  and  if  substantially  followed,  the  petition 
shall  be  sufficient,  disregarding  clerical  and  merely  technical  errors. 

2305.  Cliecks  by  county  clerks  and  secretary  of  state.  Recounts,  Additional  sheets. 
Mandamus  and  injunction.  Each  section  of  the  initiative  or  referendum  petition, 
when  signed  and  verified  as  herein  provided,  shall  be  delivered  to  the  county  clerk 
of  the  county  in  which  such  section  was  circulated,  and  the  county  clerk  shall  check 
the  signatures  against  the  official  registration  lists  of  his  county,  and  shall  indicate 
thereon  whether  or  not  each  signature  is  that  of  a  duly  registered  voter.  The  county 
clerk  shall  then  transmit  all  the  sections  to  the  secretary  of  state,  who  shall  check  off 
from  his  record,  as  they  are  filed,  the  number  of  the  sections  of  the  petition  so  filed. 
After  such  petition  is  filed,  the  secretary  of  state  shall  forthwith  cause  the  number  of 
verified  names  appearing  on  each  verified  circulation  sheet  to  be  counted,  and  if  the 
number  of  names  so  counted  equals  or  exceeds  the  number  of  names  required  by  the 
provisions  of  this  chapter,  the  secretary  of  state  shall  mark  upon  the  front  of  said 
petition  the  word  "sufficient."  If  the  names  properly  signed  and  verified  do  not  equal 
or  exceed  the  number  required  by  •  the  provisions  of  this  chapter,  the  secretary  of 
state  shall  mark  on  the  front  thereof  the  word  "insufficient."  The  secretary  of  state 
shall  forthwith  notify  any  one  of  the  sponsors  of  his  finding.  In  case  his  finding  is 
"insufficient,"  said  sponsors,  or  any  of  them,  may  demand  in  writing  a  recount  of  the 
names  appearing  on  said  petition  in  the  presence  of  said  sponsors  or  any  of  them.  If 
the  petition  is  found  insufficient  through  lack  of  signers,  the  sponsors  may,  by  paying 
the  costs  thereof,  demand  as  many  additional  circulation  sheets  as  they  may  deem 
necessary,  and  the  secretary  of  state  shall  bind  these  new  sheets,  to  whatever  sections 
of  said  petition  said  sponsor  or  sponsors  may  designate,  and  he  hall  allow  said  sponsors 
to  withdraw  said  section  or  sections  for  purposes  of  recirculation,  and  the  secretary 
of  state  shall  keep  a  record  of  the  numbers  of  all  of  said  sections  so  withdrawn.  If  the 
secretary  of  state  shall  refuse  to  accept  and  file  any  petition  for  the  initiative  or  for 
the  referendum,  any  citizen  may  apply,  within  ten  days  after  such  refusal,  to  the  supreme 
court  for  a  writ  of  mandamus  to  compel  him  to  do  so.  If  it  shall  be  decided  by  the 
court  that  such  petition  is  legally  sufficient,  the  secretary  of  state  shall  then  file  it, 
with  a  certified  copy  of  the  judgment  attached  thereto,  as  of  the  date  on  which  it  was 
originally  offered  for  filing  in  his  office.     On  a  showing  that  any  petition  filed  is  not 


62 ELECTIONS— INITIATIVE   AND   REFERENDUM 

legally  sufficient,  the  court  may  enjoin  the  secretary  of  state  and  all  other  officers 
from  certifying  or  printing  on  the  official  ballot  for  the  ensuing  election,  the  ballot 
title  and  numbers  of  such  measures. 

2306.  Ballot  title.  Appeal  from  attorney-general.  Procedure.  When  the  petition 
shall,  by  the  secretary  of  state,  be  declared  to  be  sufficient,  he  shall  forthwith  transmit 
to  the  attorney-general  of  the  state  of  Utah  a  copy  of  the  law  so  proposed  for  initiation 
or  referendum,  and  within  ten  days  thereafter  the  attorney-general  shall  provide  and 
return  to  the  secretary  of  state  a  ballot  title  for  said  measure.  The  ballot  title  may  be 
distinct  from  the  legislative  title  of  the  measure,  and  shall  express,  in  not  exceeding  one 
hundred  words,  the  purpose  of  the  measure.  The  ballot  title  shall  be  printed  with 
the  number  of  the  measure  on  the  official  ballot.  In  making  such  ballot  title,  the 
attorney-general  shall,  to  the  best  of  his  ability,  give  a  true  and  impartial  statement  of 
the  purpose  of  the  measure,  and  in  such  language  that  the  ballot  title  shall  not  be 
intentionally  an  argument,  or  likely  to  create  prejudice,  either  for  or  against  the  measure. 
A  copy  of  every  ballot  title,  upon  being  filed  by  the  attor9ey-general  with  the  secretary 
of  state,  shall,  by  the  secretary  of  state,  forthwith  be  served  upon  any  of  the  sponsors, 
and  such  service  may  be  by  mail  or  telegraph.  And  if  the  ballot  title  so  furnished 
by  the  attorney-general  is  unsatisfactory,  or  does  not  comply  with  the  requirements 
of  this  section,  upon  motion  of  at  least  three  of  the  sponsors  an  appeal  may  be  taken 
from  the  decision  of  the  attorney-general  to  the  supreme  court  of  the  state.  Said 
supreme  court  shall  thereupon  examine  such  measures,  hear  arguments,  and  in  its 
decision  thereon  shall  certify  to  the  secretary  of  state  a  ballot  title  for  the  measure 
in  accord  with  the  intent  of  this  section.  The  secretary  of  state  shall  have  the  title 
thus  certified  to  him  printed  on  the  official  ballot;  provided,  that  nothing  in  this 
chapter  shall  be  construed  to  require  the  secretary  of  state  to  have  the  title  of  any 
supposed  law  for  initiation  or  the  number  of  any  measure  for  referendum  printed  on 
said  official  ballot,  for  which  a  sufficient  petition,  as  herein  provided,  shall  not  have 
been  filed  in  his  office,  at  least  thirty  days  before  any  general  election  at  which  said 
proposed  measure  is  to  be  submitted. 

2307.  Publicity  pamphlet.  Whenever  an  act  or  law  is  submitted  to  the  people 
by  either  initiative  or  referendum  petition,  the  secretary  of  state  shall,  not  later  than 
ninety  days  before  the  election  at  which  such  act  or  law  is  to  be  voted  upon,  prepare 
a  "publicity  pamphlet,"  which  shall  contain  the  following: 

1.  A  true  copy  of  the  title  and  text  of  each  measure  to  be  voted  upon  at  such 
election; 

2.  A  copy  of  the  number  and  ballot  title  of  each  question  as  it  will  appear  upon 
the  official  ballot; 

3.  Arguments  of  equal  length,  which  shall  be  limited  by  the  secretary  of  state  to 
not  less  than  five  hundred  words  and  not  to  exceed  two  thousand  words  for  and  against 
each  such  measure  by  the  proponents  and  opponents  thereof.  The  actual  cost  of 
inserting  and  printing  such  arguments  shall  be  paid  by  the  persons  presenting  the 
same. 

The  secretary  of  state  shall  cause  to  be  printed  one  and  one-half  times  as  many 
copies  of  such  pamphlet  as  there  are  registered  voters  in  the  state,  and  at  least  sixty 
days  before  the  election  at  which  such  measures  are  to  be  voted  upon  he  shall  furnish 
each  county  clerk  in  the  state  with  one  and  one-half  times  as  many  copies  of  such 
pamphlet  as  there  are  registered  yoters  in  his  county.  The  county  clerk  shall  there- 
after, but  at  least  thirty  days  before  the  election,  cause  a  copy  of  such  pamphlet  to 
be  mailed  to  each  registered  voter  in  his  county,  but  the  expense  of  mailing,  including 
postage,  shall  be  paid  by  the  state. 

2308.  Manner  of  voting.  The  manner  of  voting  upon  measures  submitted  to  the 
people  shall  be  as  follows: 

The  number  and  ballot  title  as  herein  provided  for  shall  be  printed  upon  the 
official  ballot,  immediately  to  the  right  of  which  shall  be  printed  the  words,  "for"  and 
"against,C'  each  followed  by  a  square  in  which  the  elector  may  place  a  cross  to  indicate 
his  vote.  Each  elector  desiring  to  vote  "for"  shall  place  a  cross  within  the  square 
following  the  word  "for,"  and  those  desiring  to  vote  "against"  shall  place  a  cross  within 
the  square  following  the  word  "against." 

2309.  Return  and  canvass  of  votes.  Proclamations.  Conflicting  measures.  Deci- 
sion by  supreme  court.  The  votes  on  measures  and  questions  submitted  to  the  people 
of  the  state  shall  be  counted,  canvassed,  and  returned  by  the  regular  boards  of  judges, 
clerks,  and  officers,  as  votes  for  candidates  are  counted,  canvassed,  and  returned,  and 


ELECTIONS— INITIATIVE   AND   REFERENDUM  ^^ 


the  abstract  made  by  the  several  clerks  of  votes  on  measures  shall  be  returned  to  the 
secretary  of  state  in  the  manner  provided  by  §  2245,  for  abstracts  of  votes  for  state 
officers.  It  shall  be  the  duty  of  the  secretary  of  state,  in  the  presence  of  the  governor, 
to  proceed  within  thirty  days  after  the  election,  and  sooner  if  the  returns  be  all 
received,  to  canvass  the  votes  given  for  each  measure;  and  the  governor  shall  forthwith 
issue  his  proclamation,  giving  the  whole  number  of  votes  cast  in  the  state  for  and 
against  each  measure  and  question,  and  declaring  such  measures  as  are  approved  by  the 
greatest  number  of  affirmative  votes,  providing  such  number  be  a  majority  of  those 
voting  thereon,  to  be  in  full  force  and  effect  as  the  law  of  the  state  of  Utah.  When 
the  governor  is  of  the  opinion  that  two  measures  or  the  parts  of  two  measures, 
approved  by  the  people  at  the  same  election,  are  entirely  in  conflict  and  opposed,  he 
shall  proclaim  that  measure  to  be  law  which  has  received  the  greatest  number  of 
affirmative  votes,  regardless  of  the  difference  in  the  majorities  which  those  measures 
have  received.  "With  in  ten  days  after  such  proclamation,  any  qualified  voter  who 
shall  have  signed  the  petition  to  submit  the  measure  which  is  declared  by  the  governor 
to  be  superseded  by  another  measure  approved  at  the  same  elction,  may  appeal  by 
petition  to  the  supreme  court,  which  shall  forthwith  consider  the  matter  and  decide 
whether  or  not  such  measures  are  in  conflict,  and  shall  certify  its  decision,  within 
ten  days  after  the  matter  is  submitted  to  it  for  decision,  to  the  governor.  The 
governor  shall,  within  thirty  days  after  his  previous  proclamation,  proclaim  all  those 
measures  approved  by  the  people  as  law  which  the  supreme  court  has  decided  not 
to  be  in  conflict,  and  of  all  those  which  the  supreme  court  shall  have  decided  to  be 
in  conflict,  he  shall  proclaim  the  one  which  has  received  tha  greatest  number  of 
affirmative  votes,  regardless  of  difference  in  majorities,  as  law. 

2310.  Powers  of  voters  in  towns  and  cities.  Subject  to  the  provisions  of  this 
chapter,  legal  voters  of  any  city  or  town,  in  such  numbers  as  herein  required,  may 
initiate  any  desired  legislation  and  cause  the  same  to  be  submitted  to  the  law-making 
body  or  to  a  vote  of  the  people  of  said  city  or  town  for  approval  or  rejection,  or  may 
require  any  law  or  ordinance  passed  by  the  law-making  body  of  said  city  or  town  to 
be  submitted  to  the  voters  thereof  before  such  law  or  ordinance  shall  take  effect. 

2311.  Requirements  of  petitions  in  cities  and  towns.  All  initiative  and  referendum 
petitions  in  cities  and  towns,  to  be  mandatory,  must  be  signed  by  legal  voters  of  such 
city  or  town  equal  in  number  to  the  percentages  herein  required  of  ail  the  votes  cast 
in  such  city  or  town,  for  all  candidates  for  governor  at  the  last  preceding  election  at 
which  a  governor  was  elected,  namely: 

If  the  total  number  of  votes  exceeds  10,000,  the  petition  shall  be  signed  by  10 
per  cent. 

If  the  total  number  of  votes  is  less  than  10,000,  but  more  than  2500,  the  petition 
shall  be  signed  by  12^/^  per  cent. 

If  the  total  number  of  votes  is  less  than  2500,  but  more  than  500,  the  petition  shall 
be  signed  by  15  per  cent. 

If  the  total  number  of  votes  is  less  than  500,  but  more  than  250,  the  petition  shall 
be  signed  by  20  per  cent. 

If  the  total  number  of  votes  is  less  than  250,  the  petition  shall  be  signed  by  30 
per  cent. 

2312.  Procedure.  In  all  cities  and  towns  the  manner  of  exercising  the  initiative 
and  referendum  powers  reserved  by  the  constitution  to  the  people  thereof  shall  be 
similar  to  the  procedure  herein  prescribed  for  the  state  initiative  and  referendum, 
and  the  duties  required  of  the  secretary  of  state  by  this  chapter  as  to  state  legislation 
shall  be  performed  as  to  such  municipal  legislation  by  the  city  or  town  auditor,  clerk, 
or  recorder,  as  the  case  may  be;  the  duties  required  of  the  governor  shall  be  performed 
by  the  mayor;  and  the  duties  required  of  the  attorney-general  shall  be  performed  by 
the  city  or  town  attorney.  The  provisions  of  this  chapter  shall  apply  in  every  city  and 
town  in  all  matters  concerning  the  operation  of  the  initiative  and  referendum  in  its 
municipal  legislation.  The  printing  and  binding  of  the  "publicity  pamphlet"  shall  be 
paid  for  by  the  city  or  town;  distribution  of  said  pamphlets  shall  be  made  to  every 
voter  in  the  city  or  town,  so  far  as  possible,  by  the  city  clerk,  auditor,  or  recorder,  as 
the  case  may  be,  either  by  mail  or  carrier,  not  less  than  eight  days  before  the  election 
at  which  the  measures  are  to  be  voted  upon.  Arguments  supporting  municipal  meas- 
ures shall  be  filed  with  the  city  clerk,  auditor,  or  recorder  not  less  than  thirty  days 
before  the  election  at  which  they  are  to  be  voted  upon;  opposing  arguments  shall  be 
filed  not  less  than  twenty  days  before  said  election.  It  is  intended  to  make  the 
procedure  in  municipal  legislation  as  nearly  as  practicable  the  same  as  the  initiative 
and  referendum  procedure  for  measures  relating  to  the  people  of  the  state  at  large. 


64  ELECTIONS— INITIATIVE  AND   REFERENDUM 

2313.  Measures  effective.  Emergency.  Referendum  petitions  against  any  ordinance, 
franchise,  or  resolution  passed  by  a  city  commission  or  council  shall  be  filed  with  the 
city  clerk,  auditor,  or  recorder,  as  the  case  may  be,  within  thirty  days  after  tne 
passage  of  such  ordinance,  resolution,  or  franchise.  No  city  ordinance,  resolution,  or 
franchise  shall  take  effect  and  become  operative  until  thirty  days  after  its  passage  by 
the  city  commission  or  council,  and  approved  by  the  mayor,  unless  the  same  shall  be 
passed  over  his  veto,  and  in  that  case  it  shall  not  take  effect  and  become  operative 
until  thirty  days  after  such  final  passage,  except  measures  necessary  for  the  Immediate 
preservation  of  the  peace,  health,  or  safety  of  the  city;  and  no  such  emergency  measure 
shall  become  immediately  operative  unless  it  shall  state  in  a  separate  section  the 
reasons  why  it  is  necessary  that  it  should  become  immediately  operative,  and  shall 
be  approved  by  the  affirmative  vote  of  three-fourths  of  all  the  members  elected  to  the  • 
city  commission  or  council,  taken  by  ayes  and  noes,  and  also  approved  by  the  mayor. 

2314.  Initiative  and  referendum  measures  in  cities.  If  any  ordinance,  charter,  or 
amendment  to  the  charter  of  any  city  shall  be  proposed  by  initiative  petition,  said 
petition  shall  be  filed  with  the  city  clerk,  auditor,  or  recorder,  as  the  case  may  be, 
and  he  shall  transmit  it  to  the  next  session  of  the  city  commission  or  council.  The 
city  commission  or  council  shall  either  ordain  or  reject  the  same;,  as  proposed,  within 
thirty  days  thereafter,  and  if  the  commission  or  council  shall  reject  said  proposed 
ordinance  or  amendment,  or  shall  take  no  action  thereon,  then  the  city  clerk,  auditor, 
or  recorder,  as  the  case  may  be,  shall  submit  the  same  to  the  voters  of  the  city  or 
town  at  the  next  ensuing  election  held  therein  not  less  than  ninety  days  after  the 
same  was  first  presented  to  the  city  commission  or  council.  The  commission  or  council 
may  ordain  said  ordinance  or  amendment  and  refer  it  to  the  people,  or  it  may  ordain 
such  ordinance  without  referring  it  to  the  people,  and  in  that  case  it  shall  be  subject 
to  referendum  petition  in  like  manner  as  other  ordinances;  if  the  commission  or 
council  shall  reject  said  ordinance  or  amendment,  or  take  no  action  thereon,  it  may 
ordain  a  competing  ordinance  or  amendment,  which  shall  be  submitted  by  the  city 
clerk,  auditor,  or  recorder,  as  the  case  may  be,  to  the  people  of  the  said  city  or  town 
at  the  same  election  at  which  said  initiative  proposal  is  submitted.  Such  competing 
ordinance  or  amendment,  if  any,  shall  be  prepared  by  the  commission  or  council  and 
ordained  within  thirty  days  allowed  for  it§  action  on  the  measure  proposed  by  initiative 
petition.  The  mayor  shall  not  have  power  to  veto  either  of  such  measures.  If  con- 
flicting ordinances  or  charter  amendments  shall  be  submitted  to  the  people  at  the 
same  election,  and  two  or  more  of  such  conflicting  measures  shall  be  approved  by  the 
people,  then  the  measure  which  shall  have  received  the  greatest  number  of  affirmative 
votes  shall  be  paramount  in  all  particulars  as  to  which  there  is  confiict,  even  though 
such  measure  may  not  have  received  the  greatest  majority.  Amendments  to  any  city 
charter  may  be  proposed  and  submitted  to  the  people  by  the  city  commission  or 
council,  with  or  without  an  initiative  petition,  but  the  same  shall  be  filed  with  the 
city  clerk  for  submission  not  less  than  sixty  days  before  the  election  at  which  they 
are  to  be  voted  upon,  and  no  amendment  of  a  city  charter  shall  be  effective  until  it  is 
approved  by  a  majority  of  the  votes  cast  thereon  by  the  people  of  the  city  or  town  to 
which  it  applies.  The  city  commission  or  council  may  by  ordinance  order  special 
elections  to  vote  on  municipal  measures. 


ELECTIONS— LEGISLATIVE  APPORTIONMENT  DISTRICTS  65 


Legislative  Apportionment  Districts 


CHAPTER  74,  LAWS  OF   UTAH,  1921. 

An  Act  to  designate  the  senatorial  and  representative  districts  of  the  state  of  Utah  for 
the  purposes  of  representation  in  the  state  legislature,  fixing  the  boundaries  of 
said  districts  and  the  number  of  senators  and  representatives  to  be  elected  from 
each  such  district. 

Be  it  enacted  by  the  legislature  of  the  state  of  Utah: 

Section  1.  Apportionment  of  state  senators.  Representation  in  the  senate  of  the 
ptate  of  Utah  shall  be  on  a  basis  of  one  senator  for  each  twenty-five  thousand  inhabitants 
or  major  fraction  thereof  residing  within  such  senatorial  district,  providing  that  each 
senatorial  district  shall  be  entitled  to  at  least  one  senator.  Until  otherwise  provided 
by  law,  the  number,  boundaries  and  senatorial  representation  from  such  districts  shall 
be  as  follows: 

First  district.  Box  Elder  county,  one  senator. 

Second  district.  Cache  county,  one  senator. 

Third  district.  Rich,  Morgan,  Summit,  Wasatch  and  Dagget  counties,  one  senator. 

Fourth  district,  Weber  county,  two  senators. 

Fifth   district,   Duchesne   and .  Uintah   counties,   one   senator. 

Sixth  district,   Salt  Lake  county,  six  senators. 

Seventh  district,  Utah  county,  two  senators. 

Eighth  district,  Juab  and   Millard  counties,  one  senator. 

Ninth    district,    Sanpete    county,    one    senator. 

Tenth  district,  Sevier,  Wayne,  Piute,  Garfield  and  Kane  counties,  one  senator. 

Eleventh  district,  Beaver,  Iron  and  Washington  counties,  one  senator. 

Twelfth  district,  Emery,  Carbon,  Grand  and  San  Juan  counties,  one  senator. 

Thirteenth   district,   Davis   and   Tooele   counties,   one   senator. 

Sec.  2.  Apportionment  of  state  representatives.  Representation  in  the  house  of 
representatives  of  the  state  of  Utah  shall  be  on  the  basis  of  ona  representative  to 
each  ten  thousand  inhabitants  or  major  fraction  thereof  residing  within  such  repre- 
sentative district,  providing  that  each  county  shall  be  entitled  to  at  least  one  repre- 
sentative. Whenever  a  new  county  shall  be  formed,  such  new  county  shall  be  entitled 
to  one  representative,  providing  that  the  organization  of  such  county  shall  nave  been 
completed  at  least  sixty  days  prior  to  the  general  election  at  which  such  representatives 
are  elected.  Until  otherwise  provided  by  act  of  the  legislature,  the  number,  boundaries 
and  representation  of  such  representatives  districts  shall  be  as  follows: 

First  district.   Box  Elder   county,   two   representatives. 

Second   district.   Cache   county,    three    representatives. 

Third  district.  Rich   county,  one   representative.  , 

Fourth  district,  Weber  county,  four  representatives. 

Fifth   district,   Morgan   county,   one   representative. 

Sixth  district,  Davis  county,  one  representative. 


66        ELECTIONS— LEGISLATIVE  APPORTIONMENT  DISTRICTS 

Seventh  district,  Tooele  county,  one  representative. 
Eighth  district,   Salt  Lake  county,   sixteen  representatives. 
Ninth  district.   Summit   county,   one   representative. 
Tenth  district,  "Wasatch  county,  one  representative. 
Eleventh  district,  Utah  county,  four  representatives. 
Twelfth  district,  Uintah  county,  one  representative. 
Thirteenth  district,  Juab  county,  one  representative. 
Fourteenth  district,  Sanpete  county,  two  representatives. 
Fifteenth  district,  Carbon  county,  two  representatives. 
Sixteenth  district,  Emery  county,  one  representative. 
Seventeenth  district.  Grand  county,  one  representative. 
Eighteenth  district,  Sevier  county,  one  representative. 
Nineteenth  district,  Millard  county,  one  representative. 
Twentieth  district,  Beaver  county,  one  representative. 
Twenty-first  district,  Piute  county,  one  representative. 
Twenty-second  district,  Wayne  county,  one  representative. 
Twenty-third  district,  Garfield  county,  one  representative. 
Twenty-fourth  district.  Iron  county,  one  representative. 
Twenty-fifth  district,  Washington  county,  one  representative. 
Twenty-sixth  district,  Kane  county,  one  representative. 
Twenty-seventh  district,  San  Juan  county,  one  representative. 
Twenty-eighth  district,  Duchesne  county,  one  representative. 
Twenty-ninth  district,  Daggett  county,  one  representative. 

Sec.  3.  Senator  for  third  district  to  continue  as  from  thirteenth  district.  Election 
In  third  district.  The  senator  elected  in  the  third  senatorial  district  at  the  election 
in  1920  shall  continue  in  office  during  tlie  term  for  which' he  was  elected  as  the 
senator  for  the  thirteenth  senatorial  district,  and  the  electors  of  the  third  senatorial 
district  shall  at  the  general  election  to  be  held  in  the  year  1922  elect  a  senator. 

Approved  March  17,  1921. 


Gaylamount 

Pamphlet 

Binder 

Clayiord  Bros.,  Inc. 

Stockton,  Calif. 

T.  M.  Reg.  U.S.  Pat.  Off. 


ivil51226 


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